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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


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PhotogPdphic 

Sciences 
Corporation 


?3  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


:\ 


^ 


u 


Technical  and  Bibliographic  Notaa/Notas  tachniquaa  at  bibliographiquas 


Tha 
to  tl 


Tha  Inttituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibiiographicaily  uniqua, 
which  may  alter  any  of  tha  images  in  tha 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couvertura  da  couleur 


I      I    Covers  damaged/ 


Couverture  endommagte 

Covers  restored  and/or  laminated/ 
Couverture  reataurie  et/ou  pelliculAe 

Cover  title  miasing/ 

La  titre  de  couverture  manque 

Coloured  mapa/ 

Cartes  giographiquas  en  couleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  platea  nnd/or  Illustrations/ 


n 


D 


Planchea  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
ReliA  avec  d'autrea  documanti 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  peuf  causer  de  I'ombre  ou  do  la 
diatorsion  i«  long  da  la  marga  intirioure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutiea 
tors  d'une  restauration  apparaiaaant  dans  la  taxta, 
maia,  lorsqua  cala  itait  possible,  cas  pages  n'ont 
paa  6t6  fiim^as. 


Additional  comments:/ 
Commentaires  supplAmentaires: 


L'Institut  a  microfilm*  la  meilleur  axemplaire 
qu'il  lui  a  ttt  possible  de  se  procurer.  Les  details 
de  cet  exemplaira  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthoda  normale  de  filmage 
sont  indiquis  ci-dessous. 


I      I   Coloured  pages/ 


Pagoa  da  couleur 

Pagea  damaged/ 
Pages  endommag^as 

Pages  restored  and/oi 

Pages  restauriaa  et/ou  pellicui^es 

Pages  discoloured,  stained  or  foxe< 
Pages  dAcolor^es,  tachet^es  ou  piquies 

Pages  detached/ 
Pages  d^tach^es 

Showthroughy 
Transparence 

Quality  of  prin 

Qualit*  inigala  de  I'impression 

Includes  supplementary  matarii 
Comprend  du  matiriai  supplimentaire 

Only  edition  available/ 
Seuie  Edition  disponible 


r~~|  Pagea  damaged/ 

I      I  Pages  restored  and/or  laminated/ 

r~7]  Pages  discoloured,  stained  or  foxed/ 

[~~|  Pages  detached/ 

rr  Showthrough/ 

I      [  Quality  of  print  varies/ 

r~j  Includea  supplementary  material/ 

|~~|  Only  edition  available/ 


Tha 
post 
oft! 
filml 


Orig 
begi 
the  I 
sion 
othfl 
first 
sion 
or  ill 


The 
shall 
TINl 
whi( 

Map 
diffe 
entii 
begi 
rlpht 
requ 
metl 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Lea  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc..  ont  M  fiimies  A  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  reduction  indiqu*  ci-dessoua. 

10X  14X  18X  22X 


/ 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


n 


32X 


Th«  copy  filmed  h«r«  has  b««n  r«procluc«d  thanks 
to  ths  generosity  of: 

Mills  Mtmorial  Library 
McMaiter  Univariity 


L'cxerTiplalro  fllm4  fut  reprodult  grice  i  la 
g4n4rosit«  de: 

Miili  Mamorial  Library 
McMaitar  Univariity 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  sulvantes  ont  tt*  reproduUes  avec  le 
plus  grand  soln.  compte  tenu  de  la  condition  et 
de  la  nettetA  de  I'exemplaire  film*,  et  en 
conformity  avec  les  conditions  du  contrat  de 
fllmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  Impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  Impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  Impression. 


Les  exemplalres  orlginaux  dont  la  couverture  en 
papier  est  Imprimis  sont  filmis  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  emprelnte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplalres 
orlginaux  sont  filmis  en  commen9ant  par  la 
premiere  page  qui  comporte  une  emprelnte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
emprelnte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  •—»>(  meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  appara?tra  sur  la 
dernldre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  —^  signifle  "A  SUIVRE"',  le 
symbols  y  signifle  "FIN  ". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  In  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
ri(lht  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diaqrams  Illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
flimis  A  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reprodult  en  un  seul  cliche.  II  est  fiimA  A  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'Images  nicessaire.  Les  diagrammes  suivants 
iilustrent  la  mAthode. 


1  2  3 


1 

2 

3 

4 

5 

6 

"^. 


SPEECH 


.    Of 


THE  HON#>  JAMES  EMOTT, 


IV  THE 


HOUSE  OP  REPRESENTATIVES 


0> 


THE  UNITED  STATERS 


,,  m 


*» 


DELIVERED  THE  12/ft  JANUARY,  1813, 


on  THB  BILL  IB  ADDITIOB  i'O  TIIE  ACT  IWTMTEB 

♦  AN  ACT  TO  RAISE  AN  ADDITIONAL  VlUTARY  FORCE," 

4  ■  , 

4Nt)  FOR  OTHER  PCRPOSBfi. 


►CCOOOOOO 


(i 


\ 


■■»■ 


NEW-YORK; 

PRIKTED  BT  J.  SEYMOUR,  NO.  49,  JOHN-STREET. 


ii;, 


■Kft 


•  "  *. 


-ij^-a?*el 


•-S... 


H^rr=ir 


H    . 


McMASTER 
UNIVERSITY 

LIBRARY 


* 


„c..sn«o.ve«s...^«'^^ 


I*?*- 


r2t 


SPEECH, 


H% 


MR.   CHAIRMAN, 

I  MEAN  no  common-place  remark,  when  I  declare  to  you,  that 
I  addicss  you  on  thr;  subjects  which  have  been  brought  into  this 
debate,  and  as  I  thmk  properly  so  brouKH.t,  with  great  reluc- 
tance.    My  general  deportment  since  1  have  been  honoured 
Willi  a  seat  on  this  floor,  is  sufficient  evidence  to  you  and  the 
committee,  that  I  feel  an  unwillingness  to  mingle  in  the  War  of 
words,  which  IS  carried  on  here.     There  are  causes  which  add 
to  this  repugnance  on  the  present  occasion.     The  debute  has 
been  continued  for  such  a  length  of  time,  and  in  part  has  been 
conducted  with  so  much  asperity,  that  the  minds  of  all  have 
become  fatigued,  and  the  passions  of  many  inflamed.     1  know, 
and  I  duly  appreciate  the  difficulties  which,  under  such  circum- 
stances, surround  and  face  the  speaker.  But,  sir,  there  are  con- 
SKJerationsof  public  duty,  and  individual  propriety,  which  urge, 
nay,  demand  of  me,  to  ask  your  patience,  and  the'indulgence  of 
the  house,  while  1  present  to  you  and  to  them  my  view  of  the 
great  subjects  involved  in  this  discussion. 

I  listened,  sir,  with  great  attention,  and  certainly  with  much 
pleasure,  to  the  gentleman  from  Louisiana,  (Mr.  Robertson) 
■who  addressed  the  house  for  the  first  time  yesterday.     Against 
some  of  his  positions,  and  some  of  his  doctrines.  I  must  how- 
ever enter  my  protest.     The  gentleman,  in  the  silence  of  the 
minority,  finds  cause  for  censure  ;  they  are  not  of  equal  utility 
with  guide-posts ;  wiiich,  if  they  do  not  accompany  the  traveller 
in  his  journey,  at  least  point  to  his  way.     And  yet  when  it  oc- 
curred to  him,  that  the  nvinority  did  sometimes  interpose  with 
their  advice,  their  directions,  and  if  you  please,  their  censure 
they  were  held  up  by  him,  as  fit  objects  of  distrust.    The  ulti- 
mate object  of  the  opposition  being,  as  he  supposes,  power,  he 
appears   to  think  that  when  they  do  advise,  it  will  be  for  the 
purpose  of  embarrassing  their  opponents,   of  procuring  their 
assent  to  measures,  which  will  end  in  their  downfal.     Thus,  if 
we  remain  silent,  we  do  not  perform  our  duty  ;  and  if  we  object 
to  majority  plans  and  views,  or  propose  measures  which  are 
not    stamped  with    the  mark  of  executive    approbation,    wo 
do  worse;    we    are  plotting  the    destruction  of  the  men  in 
place,  not  with  a  view  to  the  public  welfare,  but  to  individual  in- 
terest.    This  is  really  placing  tJie  minority  in  an  awkward  situa- 
tion ;  and  aft*  r  ail  we  shall,  1  believe,  have  to  pursue  the  Uttck 
of  former  piinoritits.    With  the  good  pleasure  of  the  gentle- 


^ 


\^- 


«an,  we  VUl  conUnue  to  -^r  «r;.r.'VoT«^^^^^^ 
Sen    and  ..hen  vvc  bel.cve    ^'''^yj^^^^^^  people,  for  whose 

reasoning,  to  repel  the  ^^^^l^.t;^!  >^^^  facts,  ov  hU 

fluence,  in  or  out  of  ^'f .  *l"""^'i'''7hopcit  is  true,  thut  there 

deductions,  I  hnve  nothing  to  f^^  ^.^^^^  ^,„d  that  of  France, 
U  no  understanding  between  our  «ove,nnentui   ^^^^^^^^ 

^ith  respect  to  the  "^««''«;^;.^,*^^';ert!Britain.    Nuy.  1  am  wil- 
•d.  or  are  now  pursninf,;,  against  ^^^^^".■,     ^^^  »»  pure  in 

t';g°to  allow,  tft  the  P--\-.;,^i;r^^^^^^^  in'the  op- 

their  views,  and  us  patriouc  in  tn^'^  "^  .  .         j  ^ay  be  permit- 
'^ositioncanbe.     B;U  after  say. ngth-^^^^  has 

fed  to  ask  the  gentleman  ^o  re-conHider  ^      i^,,^^^^^  j^.^,  of 
been  pleased  to  pas.  upon  the  Northe^^^^^  .^^^j^        .^y  .^ 

?he  uSion.     He  believes  in  ^hc  ^^Is^^^n^^^^      ^f  ^  French  influ- 
^,at  country,  and  intimates,  that  he  charg  ^^.^^^  ^ 

ence  elsewhere  ^^  ^  ^^^^^^/^  ;i  on  o^  the  people.  Sir,  we 
off  the  attention,  or  ^l"^!"^^^^  *fof  Ssh  influence  at  the  east- 
sometimes  hear  of  this  ^^ar^e  of  Briti  ^^^^^  ^^^ 

^vard.    The  charge  is  ""jde  there  by  t  ^^^^  ^^^  ^^^^  ^j^, 

frequently  believed  by  the  weak  ,  me 

former  our  contempt.  ^  ^,.  ^„ ,    yes,  sir,  the  eastern  pco- 

Thc  influence  of  ^""f^'/j^^S^rUi^h  feelings,  but  they  are  the 
pie  are  sometimes  '^^^^^"f  ^^  ll^  ^^^^^^^^^  they  left  Eng- 

feelings  which  operated  on  then  •^'^^""^  oppression.  They 
land,  because  they  l-ed  Ub-^^^^  o^^omt  ev  "n  of  the  present 
are  the  feelings,  which  opeiated  on  s,  ^^^  ^^^.^  firc-sides, 
veneration,  when  they  ^^aked  then  nom  ^^^^^^  ^j 

^  a  contest  for  their  political  ngh  o ,  when,  ^^^  ^^^.^^ 

Zir  lives  and  fortunes,  they  opposed  B«^««'V  j^  ^^^  ^ctuat- 
tS"  influence  of  British  P;--f;;^,,  The  principles  of  a  Mil- 
ed  by  British  pvincipes,  but,    h^^^^^^^^^  J^^y^  them  that 

ton,  a  Locke,  and  a  Sidney  J  P""^^^^^^^  J^he  people,  and  not 

lovernment  is  intended  *"'' ^^^,^^5"';^^^^^^ 

?or  advantage  of  their  agents  ;pun^^^^^^^^^^         ^^  ^,^        pie,  ^o 

it  is  not  only  the  "S^t,  but  the  b^^^^^^         J^^  ^„  ^,  fi^^ess ;  '.o 

mark  the  conduct  of  then  rulci  s,  anu  ^uhhold  censure 

bestow  applause  whei^xws  due,  and  not^t^^  ^^^^^^ 

,,here  it  is  merited,    ^^^en,  sir, 'n  ^^^^^^      ,vhen  they  shall  sub- 

cd  by  such  feeUngs,  '^"^  «uch  pimap     ^         ^^^  ^^  ^^ 

ScTibe  to  the  doctrines,  t'^'^.Vj'^^7„'"i   ^Jses  to  be  obeyed,  and 

that  the  will  of  th\-^;,^"^;:,\VoftL  administration,  only  to 

that  they  must  ^V^^\f'^  to  believe,  that  they  are  under  the 


f 


f 


Mr.  Chairman,  T  am  aware  that  In  the  dliicussion  I  am  about 
con.mcnc  „jj  I  »h«ll  render  myself  obnoxiou.  lothe  wit  of^^^ 
ll.n.cn  who  think  that  t<,  b.ipK.  into  view  other  tonics,Tha„  th oS^ 
^h.ch  amc  out  of  the  detail,  of  the  bill  ,.ow  on  yCr  Z  i,  ^ 
go  beyond  the  r«nBe  of  legitimate  debate  The  bill  comem? 
platen  the  ra.Hu.g  a„  additional  military  force  of  twenty  tho«- 
»und  n.en,  thu.  increaainK  the  military' establiHhm^nt.m  the 
a  und.ng  arn.y  of  the  country,  to  upward-  of  My.fi^'\hLTnd 

io      N^;"l'  will  r',1^'".  "''"'"^'^  ^*^'»  billfha'vrnothlng    o 
«o.     Nay,  1  wtl  confess  to  you  that  1  like  the  bill  as  it  stand* 

m7c  uTmenVed  aTh"'h'"'  "  "  "'^'"''''^^  ^"^"^  »''""  ^^--^. 
wtic  u  amended  us  has  been  proposed,  bv  ninlono.i,u,  »i,-  . 

danKerom,.„d   n,are  under  IcgUlative  conirol/ I  m.ddir  „« 
me, .    Bui  being  opposed  to  the  continuance  of  the  war  osZ 

:l:;t?he'r  Trc^:  'io  iz^roTrd  -r\'~ot2i 

w4h  the  le^islatur"  cT L^^sUtutioT^llIlyt'v;  .Te   a^la^'a^;:; 
it  IS  begun,  .s  m  withholding  the  means ,  and  in  voting  the  mean, 
either  u.  rnen  or  money,  every  niembcr  of  the  legislaturVouX* 
to  be  sat  sfied  of  the  necessity  of  prosecuting  the  war  ^ 

According  to  my  best  judgment,  sir,  this  war  was  improDerlv 
,  commenced,  and  IS  unnecessarily  continued;  and  I  Zll  no* 
proceed  to  explain  the  grounds  Jf  that  judgment  by  an  examr 
nation  of  the  causes  of  the  war,  as  they  eiistf  d  at  t7com^nTe 
mcnt,  and  as  they  now  remain.  As  this  is  the  first  time  trtthJ 
subject  has  been  b..,ught  into  debate,  and  indeed  the  c' r  itt 
opportunity  which  has  been  allowed,  of  an  open  discusV  rl    I 

rS     r  u^'T\  ""r  ^  ''"°^'  ^  «^^"  be^ninteresiing      It  is  J 
right  which  I  think  I  may  claim,  to  state  disunctly  m^y  reason* 
and  motives  for  the  votes  which  1  have  given,  and  tnav  JivT^l 
relation  to  the  war.  after  what  has  beeniid  hi  this  hou!e    ;nd 
out  of  u  about  the  opposition  to  the  views  of  the  alllt mfo"? 
In  making  this  examination,  I  shall  pass  in  review  in  aXiif 
a  manner  as  possible,  the  three  grea^t  sub^S  of' compf  int 
against  Great-Brituin :  her  orders^f  blockade    her  oTrl  b 
council,  and  her  practice  of  in.pressment.     But  for  oie  or  al? 
of  these,  the  war  certainly  would  not  have  been  declared^  and  F 
may  assume  that  but  for  one  or  all  of  thesef  the  wa?  ought  not 
to  be  continued.     I  cannot  indeed  but  recollect,  that  the  geLt"e- 
Sh     r  ^;""'^"a'  has  menUoned  the  conquest  of  CanaSj 
of  the  Hondas,  as  causes  for  the  continuance  of  the  war     As 
respects  the  Canadas,  1  have  heretofore  understoodtlat  thdr 
relucuon  might  be  a  consequence  of  the  war,  but  never  til  now 
did  I  know,  that  It  was  to  be  shifted  into  a  cause  for  carry  ngh 

rl        .    "  ''f  **  'Z  ^^^  ^''""^^«'  ^  ^"'  "°l  <^onscnt  fhar  heir 
conquest  shouid,  in  the  existing  relations  of  this  cVu  ur^,  b" 


i 


J 11 


u^ 


i. 


.# 


! 

r 


) 


either  ti  euuite  or  h  coimequetice  of  war.  I  will  conrcta  to  you, 
thiit  Mil  iiivaHion  of  ilif  colotiirs  of  S|miti  ut  i\\\n  tUnc,  under  the 
•talc  excuses ol  convetiiciKr,  or  necrHniiy,  virikcH  me  with  ub- 
liorrcnce.  It  is  not  only  ii|{uin»t  the  gcniim  of  our  (^ovornnieiitt 
Mid  a*  1  hope  the  chsructer  of  our  |)toplo,  but  if  pvrtistctl  in, 
will  be  u  idul  blot  in  our  national  history. 

^.S  TO  THE  HHITISH  H LOCKED ES. 
In  ortlcr  that  1  niuy  not  be  Haid  to  miHrcprcHcnt  the  vicwa  oi' 
the  cxicutivo  Koverntnctit,  or  of  thiH  hoiiHe,  I  will  read  to  you 
the  charf^e  of  the  one  and  the  other  tCHpcciinn  blockades.  The 
Prt si(l«!nt,  in  his  war  tncstsage  of  June  last,  says,  "  Under  pic- 
tctidcd  blockades,  without  the  presciico  of  un  udcqualc  force,  and 
soniL'timeH  without  the  pructicability  ol  »|>plyin^  one,  our  coin- 
inncc  has  btjcn  plundered  in  every  scu."  What  is  thus  gene- 
ralized by  the  executive,  is  made  particular  by  the  report  of  tho 
conmiittce  of  furcign  relational  which  it  will  be  recoil*  <  led,  and 
I  make  the  observation  once  for  all,  was  made  the  act  of  this 
house  by  placing;  it,  against  all  former  usage,  on  the  journals. 

The  report,  after  a  dissertation  on  tho  carrying  trade,  and  its 
interruption  by  the  British,  proceeds  to  say,  "in  May,  1806,  the 
whole  roust  of  the  coiiiinent,  from  Elbe  to  Brest  inclusive,  was 
declared  to  be  in  a  state  of  blockade.  By  this  act,  the  wcll-es- 
tal)liHhcd  principles  ol  the  law  of  nations,  principles  which  liavo 
»<'rved  for  ages  as  guides, and  fixed  the  boundary  between  tho 
rights  of  belligerents  and  neutrals,  were  violated."  This  then 
being  the  charge,  we  may  inquire,  whether  the  oidcr  of  block- 
ade, of  May,  1806,  was  really  a  just  cause  of  war  in  June,  1812, 
and  whether  it  yet  continues  to  be  so? 

1  understand,  Mr.   Chairman,  that  the  British  government, 
theoretically  at  least,  admits  the  ancient  rule  of  national  law  re- 
specting blockades.     Not  to  go  further  back  than  the  corres- 
pondence of  1811  ;  the  British  Mhiister  in  his  letter  of  July  3, 
to  the  Secretary  of  State,  in  reference  to  this  very  blockade,'dc- 
clared,  "  if  the  orders  in  council  should  be  abrogated,  the  block- 
ade of  May,  1806,  could  not  continue  under  our  construction  of 
the  law  of  nationa,  unless  that  blockade  should  be  maintained  by 
a  due  application  of  an  adequate  naval  force."     Indeed,  sir,  the 
President  in  his  message,  and  the  committee  of  foreij^n  relations 
in  their  report,  distinctly  admit  the  correctness  of  the  British 
theory,  and  urge  it  by  way  of  complaint  against  her  practices. 
I  have  not  discovered  that  we  have  changed  our  ground  on  this 
subject.     We  have  not  yet,  to  my  knowledge,  adopted  the  Na- 
poleon principle  of  maritime  law,  that  a  blockade  requires  a 
besieging  force,  and  can  only  be  applied  to  strong  or  lortified 
ports.     It  therefore  follows,  that  the  dispute  with  England,  re- 
lative to  blockades,  is  not  about  any  new  principle  advanced  by 
her,  but  about  her  practice  in  opposition  to  her  own  principles 
and  our  avowed  doctrine.    Now,  sir,  with  this  view  of  thts 


Htlln  r"  **'"  *"'*'*'  orWockiuIeof  May,  I  in«,  »  ciuw  of  war 
Theordcrof  l,|,K.kuclcortl„  lethof  May,  i80«,with»n  ex. 
ceptlon  which  I  will  prcrntly  notice.  dcclureH  'Mhc  col  ,, " 
ver,,  and  ;K,rtH,  from  the  rivrr  Elb«  to  ,hc  port  of  Brc.t,  Mh 
ujcluMve/'  to  be  .n  u  -tut.  ol  blockade,  but  provide,  tha  lu  K 
blockade  was  not  to  extend  to  ntutral  vctwl.  laden  with  iroida 
not  bcnKcnemy'H  property  or  ront.ab.n.l  of  viar,  proTideft^i; 
the  yc„d  KomK  uu  ba.l  not  been  laden  at  u  nor!  brio  ^"1  to 
an  enemy,  unc  the  ve,»cl  Koln,^  out  wa.  not  Jcstlned  to  un  enc^ 
my  a  port,  and  ha.l  not  p.cviouHly  b...ken  the  bl.,ckado: 

In  regard  to  no  much  of  tliu   order  as  relate,  to  encmv'a 

plaint ;  a>  by  the  law  of  nations  we  could  not,  even  in  the  ubM-nc. 
of  a  blockade,  cover  the  former  or  trade  in  the  latter.     The  "  b! 

i  b  ;rthe::t"rvo"/  ''^^  r'r  -".tthcnfore  be  that  which  p'o. 
ft  bus  the  entry  of  a  neutral  vessel,  which  had  loaded  at  an  enc 
n^ys  port,  and  the  departure  of  a  nhlp  de.tmed  for  an  encn    '« 

H'  ,!i7i  ''r'''^'*'^"''  '^^'''' '''  "'«"  ••^'•'••ictions,  wan  lo  pre! 
vent  neutral,  from  currying  on  the  colonial,  and  enKaKuHn 
the  coastmK,  trade  of  France.  The  inward  bound  TSlT^ 
no  to  have  a  cargo  which  had  been  pt.t  on  board  in  a  Fre  ch 
port,  and  thus  the  tra.lc  from  a  colony  to  the  mother  couni^ 
a.  well  as  the  coastin,;  trade  in  the  latter,  was  p  evented  Tho 
ou  ward  bound  ve.Hel  was  not  to  b.  intended  f.  r  a  "Lnr'h  n  .rt 
and  thus  the  trade  from  the  mother  country  to  the  roWwas 
prohibited.  It  the  order  had  an  operation  beyond  this.  mZ 
have  been  almost  a  thinj?  of  act  idei^t 

irh^'Vn.r''.^  :f^""'=^i*'^''  »hat  the'nritish  have,  from  the  year 
1756,  contended  that  a  neutral  was  not  authorized  by  the  law  of 
nations,  to  eoRage  during  war  in  an  unaccustomed^     ade  with 
the  colonies,  or  on  the  coasts  of  their  inemy      To  camnrt  V. 
aels  engaged  m  such  trade,  we  know  th!t  tl"cV' did  not  think  hnr 
ccssary  to  resort  to  blockades.  By  this  order,  tLrelore,  they  cairn 
ed  no  new  right,  nor  did  they  under  it  exercise  ZVIJ2 
over  neutrals.     In  fact,  whil  J  It  prohib  he  J  tje  lire      n7JZ7 
or  rather  threw  open  to  neutrils,  the  in.lVc     colonial  tra^^^^ 

po  tion  oi  the  coast  which  was  rot  rigSrously  °Zkadi d  «r 
forded  to  the  United  States  an  accommodation  in°i  mTnrin»i 
point  then  at  issue  between  our  rovcrnments  and  Jf  ?P^' 
their  citizens  extensively  availed  themselves"    '  ''^""*' 


Ml 


.\ 


r' 


■m'^' 


■\ 


>..._. 


\   / 


When  we  lo«k  at  the  order  of  blocktHe  in  ihU  point  ol  view, 

Sn  the  extent  ufcoe.t  embraced  by  k«'"«'^"/-''^"  •*''|*  V""'": 
tcr  of  .hlut  it  would  uke  tobU.ckado  .uch  rouH  •  TLl.  m«y 
K  pretty  L.u.ement  for  grown  ihiUlren,  who  nr.-.l  rx„np  e»  ... 
the  nr»t  rules  in  arUhmotlr,  but  it  in  ""*""»'y"f  «,[•'"*''*":: 
wen,  when  decidioK  on  the  »»'""«"l«»«;  H««'»i«"  ^''^  £'7,. °' 
WW.  It  WMln  a  «i.rri«l  inMincr,  a.  I  »h»ll  more  d  »l.nctly 
Tow  l"reufter,  unwi.rthy  of  the  meinb-r  of  the  «.  m.ni.vr.t..m 
Tho  L  tukrn  .  lead  in  thin  war,  and  who,  in  the  «?»";""•  "^"•' 
nv.  It  now  nurtinir  it.  Such  a  blockade  wa.  ...  itM  If  harmleia. 
S;,  mT,  it  wl.  beneficial  to  u..  It  w..ued  no  fleet,  to  en- 
fo.ce  U.  C)ur  n.cr.  hant»  nt  the  time  would  have  seen  with 
pleasure  a  likeblockude  of  all  the  i.oa.i«,.ive.n,  and  i>orl.,f.om 
North  P.'lnt  to  the  Uork  of  Gibraltar. 

II  rcnuioH  the,   Mr.  ChairiJ.a..,  U.  be  teen,  whether  the  ex- 
cemion  in  the  order  of  M«y,  made  it  ho  ob.ect.ut.ahle  ,k%  to  call 
for  war.     The  order,  aftor^iatii.g  the  kinci  ol  trade  which  wa. 
not  to  be  inter.upied,  ha.  thi.  •»pre»»ion,  "  .ave  an-  ""pt  the 
coa.t,  river.,  an.t  ,H)rt.,  from  O.tend  to  the  r.ver  Se.ne,  already 
ina.tateof  «iriit  un.i  riKoroU.  blockade,  a..d  wh.ch  a.c  to  1^ 
considered  a.  so  cot.tinucd."     In  truth,  m  the  ,ncrc  rcadinR  of 
the  order  will  .how,  if  there  ia  any  th.n^  .ub.tant.a  ly  m.fdj   o 
our  riirhl.  to  be  found  in  it,  it  in  in  this  saving  clause— W.il. 
this,  the  order  may  be  considered  as  a  blockade  of  the  coas  froir. 
Osiind  to  the  Seine,  but  surely  ..oi  beyond  that.  I..decd,  the  ad- 
TOiniHtration  so  well  understo<Kl  this,  thut  Mr.  Monroe,  .n  h.s  let- 
ter to  Mr.  Foster,  of  the  1st  of  October,  isn.declares.t  almost 
in  terms.  •'  If,  (s;.ys  Mr.  Monroe,)  you  will  examine  the  order, 
von  will  find  that  it  is  Htricily  little  more  than  a  blockade  of  the 
Last  from  the  Seine  to  O.tend.     There  is  an  express  rescrva- 
tion  in  it  in  favour  of  neutral,  to  a..y  part  of  the  coast  between 
Bi-est  and  the  Seine,  and  bctwce..  Ostcnd  and  the  hlbe.     Neu- 
Trul  powers  are  pcr.u.tted  by  it  to  lake  from  their  own  ports 
cverv  kind  of  product,  without  distinction  as  to  its  or.R.n,  and 
to  carry  it  to  the  continent,  under  that  limitation,  and  w.th  the 
exreption  oidv  of  contraband  of  war  and  enemy  s  property,  and 
to  brin^  thence  to  their  own  ports  in  return  whatever  articles 

'**  An'^attentive  perusal  of  the  exception  will  establish  anotheir 
fact,  that  the  order  of  May,  1806,  was  not  even  a  blockade  o 
the  coast  from  Ostend  to  the  Seine.     It  merely  excludes  that 
country  from  the  benefits  which  were  to  ariHC  to  neutrals  un- 
der the  order,  by  recognizing  the  existence  of  a  prior  blockade, 
Jnd  providing  for  its\ontinuance.    The  blockade  thus  kep 
alive,  is  that  of  the  9th  of  August,  1804-"  At  the  entranca  ot 
the  ports  of  Fecamp,  St.  Vallery  au  Caux,  De.ppe,   r^eport, 
the    Somme,  Naples,  Boulogne,  Calais,  (..•avel.neH,Dunk..k, 
Newport,  and  Ostend."     And  of  this  blockuUe  we  hear  of  fto 


^s 


_  cltlior  •«  w>  it*  exl«nt,  or  the  wunt  of  abUliy  to  9i|* 

fisfcs  It. 

Will  geiulcmcn  now  wy,  '  »i  ha»  never  yet  been  prei«nil. 
f «l,  ihttt  from  the  extent  of  cuMt,  the  BritUh  could  not,  or  did 
lint,  enforce  th«'  blockade  f  We  nmy  utk  ihcm  to  look  ut  the 
order,  und  then  «iy  whntUer  it  contiUn*  a  fair  enumeration  of 
the  principal  port*  or  pointi.  If  to,  and  I  tluiik  I  may  veiitur* 
lo  say  it  docn,  had  not  the  Biitidi  at  the  time  a  nuflkiont naval 
ft>rce  to  blockade  eleven  or  twelve  placc«  in  their  own  acaa, 
and  almoat  In  tight  of  their  oitn  roaiu  i  If  thU  U  udmiticd, 
«Dd  I  prenume  no  one  will  undertake  to  question  it,  arc  we  not 
certain,  from  our  knowledge  of  the  history  of  the  umcii,  that 
»uch  force  wat  applied  t  Do  we  not  know  that  Uonaparte  not 
«»nly  threatened  an  invasion  of  Kngland  at  the  time,  but  had  « 
powerful  army  encamped  for  the  purpose  on  this  very  coawt  i 
•And  do  v,e  yet  doubt  whether,  uadcr  such  circumstances,  the 
Hritish  hud  not  a  naval  force  on  the  French  coast,  and  before 
these  places,  sufTicienly  strong  to  enforce  the  blockade  i 

There  is  atlll  one  other  rlicamstance  in  relation  to  the  or- 
der of  May,  1806,  which  i**  worthy  of  notice,  and  that  is, 
that  it  was  an  act  of  the  Fox  administration.  To  those  who 
have  attended  to  the  history  of  that  great  nuin,  it  is  well  known, 
that  Charles  James  Fox  was,  at  every  period  of  his  life,  anil  in 
all  clrcumsunce^  the  open  and  the  sincere  friend  of  this  coun- 
try. When  we  were  colonies  of  Great-Britain,  wc  had  his  ox- 
ertions,  and  after  our  indcpendcnc«T  hi-*  wishes,  in  our  favour. 
To  the  last  moment  of  his  life,  he  felt  interested  in  our  prospe- 
rity. It  was  indeed,  if  we  »rc  to  believe  Monroe,  his  ruling 
passion  strong  inclealh.  And  yet  ^e  arc  now  called  on  to  say, 
that  under  the  guise  of  friendship,  he  not  only  contemplated  a 
vital  blow  at  our  neutral  rights,  but  actually  did  fhc  deed.  We 
are  now  willing,  in  the  face  of  the  world,  to  declare  that  this 
great  champion  of  neutral  rights,  and  American  interests,  wai 
the  author  and  founder  of  a  system,  which  not  only  made  just 
and  proper  the  French  dcorccs,  but  which  called  for  war  on 
Ihe  p«rt  of  this  nation.— Sir,  it  is  not  doiny  justice  to  the  me- 
mory of  the  man,  or  his  intentions  towards  us,  to  say  so. 

Thus  far,  Mr.  Chairman,  I  have  ventured  on  the  face  of  the 
order  itself;  but  to  make  assurance  doubly  sure,  I  will  now  place 
iefore  you  the  opinions  of  the  very  personn  who  rccommcn«|- 
ed  war  on  account  of  thn  blockade.  These  opinions,  given  at 
dlfTercnt  times,  will  prove  most  satisfactorily,  that  as  long  as 
the  order  of  blockade  of  May,  1806,  had  a  practical  cfl'ect  and 
Operation  ;  while  it  still  had  substance  as  well  as  form,  it  was 
Hot  oniy  not  viewed  by  the  administration  as  violating  our  neu^ 
tral  rights,  but  was  received  as  a  benefit  to  this  country,  and  a 
aelaxation  on  the  part  of  Great-Britain. 

The  order,  it  will  be  recollected,  bears  date  the  1 6th  of 
May,  and  it  was  communicated  by  Mr.  Monroe,  then  our 
Minister  at  London,  to  Mr.  Madjson,  thch  Secrctarj  of  Stafb, 


i 


(I 


1^ 


\ 


'/ 


'^ 


h 


Mopr 

IICU 


10 

"''earlv'JSL'^*"''-'''*'   "'^^-     ^»  tins  letter  Mr 

early  this  morning  I  rvreivcd  fm-r.  m     /        »»I»; 

Py  of  which  h  enclosed    «hi?h  ^V."  '  "'^  *  ""^     -  «-o- 

explicitly  a  principal  subiecHi/'"i- """L  P'^'""^^«  embraces 
ments,  though  in'^rather  a  1"'^*^';^"'»  between  our  govern- 
couched  in  term"  of  estraint  fn' ""  T^""'"  '^''^  "«'^«^3 
blockade  further  than  wa,  h.'  tnf  ^'f*"''^^  ^o  extend  tha 
takas  it  from  manrporTs  alr«  J  k?'*",  "^.""^ '    "^^ertheless,  it 

fa^tofOstendand^Cof  het^no''''^'''  '•"*^'''^'''  ^''°"'  *» 
trabamlofwarandenernv'sn^.  .  '  ^^^^pt  in  articles  con- 
out  a  blockade.  a„ "d  Tn  ike  form'or'"'''  ''^  '''^'^^^  ^«''- 
pvery  enemy  as  one  iK,wer  itad^?  ?[  exception,  considering 
in  the  same  limit  to  b^  free  i„  1  "   "f  ^^^de  of  neutrals  with, 

Jonies  in  every,  but  the  dkec,lmT*'"''^°"^°f  «"«">>"«  co- 
r-rent  country  "^uft  cSt  h.^  i  V.'"  '^^  colony  ihd,  the 
,d»-avvnbythegovcrnment?nTr  ''°"''*^'*  '^at  the  note  vna 
•«»;ied  iy  thf  cabTnTt  aVafoincSr*"''"^ 
authorized  to  form  rtreatv  Tnd  !|^1°^  °\^'^i^h  Mr.  Fox  is 
pose,  it  must  be  viewed  ?n  I  ^     obtamed  by  him  for  that  pur. 

On  the  20th  of  Mayf  Mr   Monr''""'"'''.''  "^^^•" 
vernment,  and  .peaking  of  Ih^Zer  T'""  ^'""^  *°  ^'''^  g°- 
could  collect.  A  have  bc!n  streLth.n  '?•''  'u^''  "  ^''°'"  ^hat  f 
communicated  to  you  fn  my  ?a^i ',?''/"  ^''V^P'^ion.  which  I 
15th  was  drawn  wLa  "iTw  to  a  n  S  -^'^  ^°^'^  "«««  ^f  th« 
United  Sates.  I  mean  thai  oT  the  trai.'?  k  ^""^^'"'^  ^'^h  tho 
In  a  letter  of  the  9th  of  June    It.  7"-..^"*"™^*=»-*^ol«nies." 
with  Mr.  Fox  in  par"  re  atin^L  ll     ^'^^''^^K  ^  conversation 
fares,  «  I  concluded  howe^romth- '''^'''  ^''  Monroe  de- 

done  from  what  had  o.cSbefre\tt'^^^^^^^  X  had 

taken  to  prevent  the  farther  aeiV.  ...  ''"'''''^"''e  had  been 
vessels  on  the  p.inc^i '  d!  eu  L"."^,  condemnation  of  oSr 
xnents,"-,ic  several  circumstances  hZ  T'^^'l  °''"-  &°vern. 
to,  support  this  idea.  It  is  not  n!?.  P^"''^"*  of  those  llhided 
I  trust  tin.  busines^  w  11  e re  onl'  b?S  '"  T'  ''''^^  '^«^^'  - 
solid  looting,"  ^  '°"S  ^"^  placed  on  a  much  more 

Htii-tt  then  we  hav*»n  fi.ji  « 
Monro,  at  the  time^and  foLerSTr^w'^  °P^"^°"  °f  Mr. 
caution.     Biu  it  may  be  said,  that  1^""^^  ''''"'  ^^"^^  ^»  ^uc 
this  occasio,>:  that  he  was  deeded  V^'u'"^,,'^'''^"!^"^  on 
try,  and  that  he   afterwards   d^^JI       ^I  ^^  ^""^^    minis- 
ermr.    Hear  what  he  Zfin  ii.  n"'"''    '"'*   renounced  ^^ 
of  State,  to  Mr.  Foster,  n^hi   letter  7  f  P''^"^^  °^  Secretary 
Istof  October,  Igll.    After  Jl?p^^''^''^>' '"^^^'•'•ed  to,  of  t^ 
1806,  that  it  was  strictlv  I  fi.  '^'="™*'^\»ng  on  the  order  of  Ma7 
from  the  Seine  L"oS  t  oTs^rvt"?  TY'  ^''^^  ^ 
tish  government  institute  I  Wockade  wh    i,^^  i^'"  ^'^  ^^e  Bri- 
trals  was  not  rigorous  as  to   he^r^;.      ''^  '^"'^  ''^^P^"  to  neu- 
prised  in  it  ?    If  you  will  look  toTh?  /'  P'^'r  °^  '^^  '^^"t  com- 
existed  between  the  Uni  ed  Stls  LTcr.'^/n '^^^.  ^^^"^^  ^^Tn 
^^th...s.er .  .  controversy  St^^^^S^^^-^^i 


I       .1^' 


*'  r 


»    I 


■f" 


11 

vernments  on  a  different  touic,  which  was  still  dtpending.  Tl« 
Bnush  government  had  fnterfered  with  the  trade  between 
1  ranee  and  her  allies  in  the  {.roducc  of  their  colonies.  The  junt 
claim  of  the  United  States  was  then  a  subject  of  neRociatimVand 
lZ^::rT  r.?^1"^"e  its  wimngneL  to  makf  a  S:.Z. 
ZXnu^^  V-  °^  "'  *''"^'*  ^^  °''^«''  Which  allowed  the  trade, 
without  making  any  concession  as  to  the  principle,  reserving 
that  for  adjustment  by  treaty.  It  was  in  this  light  that  I  vxw? 
ve'rnment"-        ''"''  '''''  '  represented,  that  o?der  to  my  go. 

si  Jenrv^^wl""^^  ^'^''  J"  i'"*  ^^'*^  ^*  ^*^^«t,  the  merit  of  con- 
not  XL.?  Lk^'"' ■"  ?^  '^^  **''^"  »"  ^«°«'  *«  negociator,  was 
i^ncc.  •  ^  V^^""'.  *"  ^^"'  ^'  Secretary  of  State,  he  wis  in 
ex  cuZ\°^  '^^  ^'*''''  '■?"  ^^^**^«''  ^"'^  -^he  information  of  the 

!ect  ^«n.?  ;r  J-P'°^''''^.'n'*'^'  ^'^  *"^y  '^^  -^i^taken  on  this  sub- 
rnrr.n?  H  1  1"'  ""^  'I'*"  ^^^^'x  ^nd  the  mistake  exposed  and 
to  r»H  ?  "^y^thc  committee  bf  foreign  relations.  Permit  me,  sir, 

rnnf.i  ^K^"  "  '^^  -P""  .°^  ''^^^  "  report  or  manifesto,"  which 
contams  their  opinion  of  tlie  order.    »  Your  commit  ee  think 

noHnnl^rH'  ^'l^^*'^*  ^^^°^'  the  British  goverTment  dies 
not  appear  to  have  been  adopted  in  the  sens!  in  which  it  has 

attendi^'Tthrx^r''^-  ^^^^^^^id^^ation  of  all  the  circumstances 
attending  the  measure,  and  particularly  the  character  of  the  dis- 
tinguished statesman  who  announced  it,  we  are  persuaded  that 
uw-as  conceived  ma  spirit  otconciliaUon,  and  intended  to  lead 

SatTsan"?.^^SrSn!"  ^"  '^^^''^"^^^  ^^^^-»  '"^^  ^""^^ 

nrcW^Ti^'"'*'"*^'"^  *''^!.  ^'°^^  ^P°^°Sy'  '^  not  justification,  of  the 
order,  the  committee  deemed  it  a  just  cause  of  war;  and  why! 
Mr.  Chairmani  Because  «  it  has  been  made  by  his  suocesS 
a  pretext  for  that  vast  system  of  usurpation,  which  has  so  Ion  ' 
oppressed  and  harassed  our  commerce."  indeed  !  and  are  wf 
to  commence  and  carry  on  an  ofTensive  war,  on  account  of  the 
order  of  blockade,  ni»t  for  its  own  demerit,  but  because  U  was 
made  a  pretext  for  another  system  ?  Bu  where  do  Venuf 
men  learn  that  the  order  of  May,  1806,  was  made  a  pretfx"  for 
Tr.li  T  '°""''^-  Certainly  they  do  not  find  it  in  the  or- 
ders themselves,  nor  in  the  attempted  justification  of  them  by 

pretext  t^th^'^T"'"  •  ^^''^'^'P^'^  ^  had  understood,  thaT.th^ 
pretext  for  the  orders  m  council,  were  the  French  decrees 
and  the  war  on  British  commerce  commenced  by  those  decrees' 
But  not  to  detain  you  longer  on  this  subject,  let  me  say'  that 
as  it  appears  the  order  of  Mc^,  1806,  was  adop;ed  to  benefit  and 
.not  to  injure  our  commerce ;  as  it  was  so  understood  by  U.is  lo- 
vernnjent  at  the  time  and  up  to  th^  moment  when  war  was  de- 
clared ;  as  it  was  really  without  any  possible  operation,  good  or 

'au;;i?wr """'  '''''''^  °"' ''  '°"°"^  ^'^'  ^^  ^-^  ^^-i^i 

If,  however,  the  blockade  of  May,  1806,  was  a  just  cause  of  war 


'i  L 

\0 


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.r     If 


f 


i/ 


k 


^ 


ill  June,  1 8 12,  is  it  so  now  ?  On  the  29th  of  June  Lord  CaBtlereagh 
informed  our  agent  in  England,  what  wc  indeed  already  knew, 
Uiftt  in  point  «)f  fact  this  blockade  had  been  discontinued  for  u 
considerable  length  of  time,  aitd  that  there  was  no  intention  of 
recurring  to  it  without  a  new  notice  to  neutrals  in  the  usual 
forms  ;  and  wc  have  the  authority  of  the  administration  for  say- 
inc,  thatth^y  arc  satisfied  on  this  point.  The  order  has  there- 
fore fairly  sunk  beneath  the  horizon.  It  is  emphatically  no  lon- 
ger a  cause  of  controversy  or  of  war. 

One  word  more  on  the  subject  of  blockades,  and  I  have  done 
"with  them.     The  President,  on  the  6th  of  July  last,  sent  to  this 
house  a  report  of  the  Secretary  of  State,  Mr.,'  Monroe,  of  the 
captures  made  by  the  belligerents  during  the  present  European 
war,  and  of  the  edicts  bearing  upon  neutral  commerce.    In  the 
enumeration  of  edicts,  we  have  the  British  blockade  of  the  canal 
of  Corfu,  of  the  18th  of  August,  1810,  which  he  says  "  in  effect 
iva»  an  attempt  to  blockade  t^e  whole  Adriatic  sea."    An  at- 
tempt thus  to  close  a  se*  upon  neutrals,  was  certainly  a  novel, 
and  most  injurious,  application  of  tlie  right  of  blockade.    The 
case  was  cited  to  us,  as  explanatory  of  the  hostile  views  and 
practices  of  Great-Britain,  as  a  practical  commentary  on  the  ex- 
ipcvtive  text,  relative  to  British  blockades.     But  what  will  you 
say,  airi  when  you  find  from  papers  on  your  table,  which  have 
been  sent  from  the  oflice  o^  state,  tha^  the  Secretaiy  has  either 
mistaken  or  mistated  the  extent  of  this  blockade  I    Such  in  truth 
is  the  fact.    Mr.  Pinkney,  in  his  latter  of  the  24th  of  Augusij 
1810,  transmitting  the  notification  of  the  blockade,  intimate*  that 
it  is  a  blockade  of  the  Adriatic ;  but  in  that  of  the  7th  of  Sep- 
tember following,  he  declares  to  the  goverment,  that  this  con- 
struction appears  to  be  erroneous,  and  that  "the  canal  to  which 
the  notification  is  now  understood  to  apply,  is  tht  narrow  pas- 
sage to  the  eastward  of  Corfu."    This  blockade  therefore  of 
an  entire  sea,  dwindles  down  to  that  of  the  strait,  between  th& 
island  of  Corfu  and  the  Grecian  shore.    Reflections  will  urge^ 
themselves  on  the  mind,  on  a  statement  so  manifestly  untrue  j 
but  I  pass  them  over. 

THE  BRITISH  ORDERS  IJ^  CO  UJVCIL. 

After  mentioning  blockades,  the  President,  in  his  war  mes- 
sage of  June  la?  ,  brings  to  view  the  next  great  subject  of  com- 
plaint, the  Orders  in  Council.—"  Not  content  with  these  occa- 
sional expedients  for  laying  waste  our  neutral  trade,  the  cabinet 
of  Great-Briuin  resorted  ^t  length  to  the  sweeping  system  of 
blockades,  under  the  name  of  Orders  in  Council ;  which  has 
been  moulded  and  managed  as  might  best  suit  ics  political  views, 
lis  commercial  jealousies,  or  the  avidity  of  British  cruiaers." 

The  committee  of  foreign  relations,  in  this,  as  in  the  case  of  bloc  k- 
xides,  make  particular  what  was  left  general  by  the  executive/, 
and  they  have  so  far  at  least  the  merit  of  making  out  to  the  na- 
tion, and  to  tlie  world,  the  actual  causes  of  the  war.    The  Ordcv 


13 


\n  Counoil  of  January,  1807,  the  first  of  the  series*,  is  mentioned 
as  a  matter  of  history  ;  but  as  this  had  passed  away,  the  conin^t- 
tee  place  the  grievance  of  the  nation  on  the  order  of  Noveml^r, 
J807  --"  We  proceet'  to  bring  into  view  the  British  Order  in, 
Council  of  November  II,  1807,  which  superseded  every  other 
order,  and  consummated  that  system  of  hostility  on  the  com- 
merce of  the  United  States,  w|iich  has  been  since  so  steadily 
pursued.  By  this  order,  all  Fr|nce,  and  her  allies,  and  every 
country  at  war  with  Great-Britain,  or  with  which  she  was  not  at 
war,  from  which  the  British  flag  was  excluded,  and  all  the  colo- 
aies  of  her  enemies,  were  subjected  to  the  same  restrictions  as 
if  they  were  actually  blockaded,  in  the  most  strict  and  rigorous 
manner  ;  and  all  trade,  in  aiticles,  the  produce  and  manu^t^rie 
of  the  said  countries  and  colonics,  and  the  vessels  engaged  in 
it,  were  subjected  to  capture  and  condemnation  as  lawful  prize.'* 
"  It  would  be  superfluous  in  your  committee  to  state,  that  by 
this  order  the  British  government  declared  direct  and  positivQ 
■war  ap;ainst  the  United  Stales." 

This  order  is  certainly  extensive  in  Us  terms  and  operation, 
and  gave  strong  ^rounds  of  complaint  to  neutral  nations.  But 
there  was  one  objection  to  making  it  a  substantive  cause  of  war 
in  1812,  and  that  is,  that  it  really  had  not  then  a  legal  existence. 
Yes,  sir,  strange  as  it  may  seem,  we  were  called  upon  to  de- 
clare war,  and  did  declare  war,  for  a  thing  which  ^iested  only  in 
history.  The  British  Order  In  Council  of  the  2fith  of  Apfil, 
1809,  after  reciting  the  order  of  IB07,  exfireaaly  revokes  it,  and 
then  declares,  "  that  all  the  ports  and  places  as  far  north  as  the 
river  Ems,  inclusively,  under  the  government  of  France,  to- 
gether with  the  colonies,  plantations,  and  settlements  in  the 
possession  of  those  governments  reipectively,  and  all  ports  and 
places  in  the  northern  parts  of  Italy,  to  be  reckoned  from  the 
poits  of  Orbetello  and  Fesaro,  inclusively,"  shall  continue  sub- 
ject to  the  restrictions  of  blockade,  "jand  every  vessel  trading 
from  and  to  the  said  countries  or  colonies,  plantations  or  settle- 
ments, together  with  all  goods  and  merchandise^on  board,  shall 
be  condemned  as  prize  to  the  captors." 

It  may  be  said,  and  to  a  certain  extent  i%  is  certainly  true,  that 
the  orders  of  November,  1807,  and  of  Apn\,  1809,  are  similar 
in  principle :  but  it  cannot  he  pretended  tlfat  they  are  equally 
obnoxious  in  their  effects.  It  is  truly  stated  in  the  report,  that 
the  order  of  November,  1807,  interdicted  the  trade  of  neutrals 
to  France,  to  the  allies  of  France,  to  countries  at  war  with 
England,  and  to  countries  from  which  the  British  flag  was  exclu- 
ded. The  order  of  April,  1809,  applies  only  to  the  trade  with 
France,  with  Holland  as  far  as  the  Ems,  and  with  a  small  part 
of  the  north  of  Italy.  Again,  the  order  of  November,  J  807, 
prohibits  all  trade  in  articles  the  produce  or  manufacture  of  the 
iflterdicted  countries.  Nothing  of  this  is  found  in  the  order  of 
April,  1809.  In  truth,  the  British  order  existing  when  we  de- 
clared war,  though  a  great  let  and  hinderance  to  us,  didnotjuS' 


u 


K  > 


y 


u 


'1 


i^i 


14 

tify  tUc  couL.ubAon  drawn  by  the  committee,  that  the  Briiisli  go. 
vernmcnt  had  completely  usurped  the  dominion  of  the  ocean, 
and  forbid  all  trade.  A  wide  spread  of  commerce  was  left  un- 
touched by  British  rcgulatiorvi'or  orders  ;  and  if  wc  credit  ihtf, 
administration,  that  which  was  interdicted,  was  neither  inviting 
to  our  merchants,  nor  desirable  for  the  country.      * 

Thu^  standing  the  charge  agftinst  Great-Britain,  1  will  now, 
OS  in  the  case  of  blockades,  Examine  whether  the  order  in 
council  of  April,  1809,  was  a  reasonable  cause  of  war,«iia  if  it 
remains  ho? 

War,  being  one  of  the  severest  calamities  that  ever  scourged 
human  "kind;  carrying  in  its  train  every  vice,  and  laying  a 
foundation  for  the  commission  of  every  crime ;  it  follows,  ihrtt 
the  nation  which  commences  it,  sliould  Att'but  from  necessity. 
If  just  to  its^elf,  it  should  not  only  be  certalin,  that  its  opponent 
is  clearly  wrbng,  but  also  that  it  is  itself  clearly  right.  Again, 
the  agents  in  the  government  hiring  the  powqr  to  make  war, 
are  not  true  to  their  trust,  if  in  addition  to  the  causes  of  war, 
they  do  not  look  to  the  consequences  and  effects  ot  it.  If  an 
evil  exists,  it  ought  tp  be  certam  that  war  will  be  a  remedy  for 
5  and  fh&t  the  good  jtb  be  acquired,  will  more  than  balance  (he 
injuries  to  result  from  the  war. 

In  examining  therefbre  this,  and  the  other  avowed  causes  Of 
we  yiavj  whether  they  were,, or  »re  just  and  reasonable,  I  wish 
to  be  distinctly  understood,  is  settling  the  case  with  this  peo- 
ple and  nation.    If  there  is  a  wrong  done  to  them  by  the  or- 
ders in  council,  before,  as  their  agent,  I  will  consent  to  carry 
on  a  war  for  this  cause,  I  miist  be  satisfied  that  the  wrong  in 
practice  is  of  sufficient  magnitude  to  justify  war ;  that  the  ^ar 
is  to  afford  a  remedy  for  the  evil ;  and  that  the  remedy  is  not 
>Porse  than  the  disease.     A  paper  blockade  of  the  Island  of 
Tristan  d'Acunha,  or  an  olrder  in  council,  prohibiting  a  commer- 
cial intercourse  with  thasTaugust  sovereign,  Jonathan  Lambert, 
and  his  four  subjects,  however  much  in  principle  it  may  inter- 
fere with  our  rif^     d,  iflll  never  gain  my  consent,  to  a  war  either 
»vith  Great-Britain  ofrTrance. 
^  In  considering  thi^f  cause  of  war,  we  are  necessarily  led  to 
view  the  orders  in  (ifbuncil,  in  connexion  with  the  French  de- 
crees.   Taken  separately,  and  without  regard  to  the  causes 
■which  led  to  thepi,  or  the  reasons  alleged  by  each  nation  for 
their  continuawfee,  the  French  decrees  and  the  British  orders 
are  undoubj^  causes  of  war.    Both  nations,  however,  sought 
for  a  justification,  in  the  conduct  of  their  adversary,  and  Ihe 
subnuMion  of  neutrals.     It  is  not  perhaps  material  to  ascertain 
"Which  was  the  first  aggressor,  in  this  novel  system  of  warfare ; 
IJttt  if  it  was,  and  I  have  justly  explained,  the  blockading  order 
of  May,  1806,  or  if  that  order  was  fairly  understood  by  Mr. 
Monroe,  and  by  the  committee  of  foreign  relations,  it  would 
seem  to  follow,  that  France  took  the  first  step,  in  this  war  oe 
our  rights  and  interests. 


-m 


jf*s. 


16 

Be  that  as  it  may,  this  gwernment  has  by  its  embargo  and. 
•.ion-iiuerco\uso  laws,  and  the  ulfurs  mpde  to  the  belligerents 
under  them,  considered  both  »o  much  in  the  wronj;,  us  to  re- 
fuse to  select  either  for  an  enemy  in  exclusion  of  the  other, 
while  the  obnoxious  acts  of  b<|th  remained.  Thi»,  sir,  neces- 
sarily leada  to  an  examination^  whether  the  p'rcnch  decrees 
were  revoked,  when  wc  were  called  upon  to  declare  war  against 
Great-Britain.  I  speak  the  settled  and  firm  conviction  of  my 
«wn  mind,  when  I  say  they  wer«  not. 

I  have  on  a  former  occasion  attempted  to  show,  that  the  Pre- 
sident was  not  authorised  to  issue  his  proclamation  of  the  2d  o£ 
November,  1810,  and  that  Congress  ought  not  to  have  passed 
the  non-impoitation  law,  of  the  2d  of  March,  1811,  the  two  acts 
which  wttre  the  precursor.s  of  this  war,  because  the  note  of  tho 
Duke  of  Cadore  of  the  5lit  of  August,  1 8 10,  was  not,  and  was  not 
intended  to  be,  a  repeal  of  the  French  decrees.  Without  mean- 
ing to  repeat  what  was  then  urged,  I  will  briefly  examine  tho 
practices  of  the  French  cruizecs,  the  decisions  of  the  French 
cburts,  and  the  declarations  of  the  French  government,  in  rcla|. 
tion  to  the  decrees,  since  the  pretended  revocation. 

Mr.  Chairman,  it  is  not  my  intention  to  bring  into  this  dis- 
euBsion  the  decrees  of  Bayonne  tnd  Rambouillet,  which  mofe 
than  volumes  speak  the  disposition  of  the  French  ruler  to- 
wards us  ;  and  which  at  one  time  appeared  to  have  made  a  deep 
and  lasting  impression  on  the  administration.  I  cannot  but  re- 
collect the  declaration  of  Secretary:  Smith,  in  his  address  to  the 
people,  that  "  on  the  20th  of  February,  tail,  the  French  go- 
vernment did  officially,  and  formally,  through  their  minister^ 
Mr.  Serrurier,  communicate  to  this  government  their  fixed 
determination,  not  to  restore  the  property  that  had  been  so  seiz- 
ed." And  when  I  do  recollect  this,  and  bring  to  mind  also  that 
the  information  was  not  given  to  the  national  legislature,  before 
♦he  passage  of  the  non-intercourse  law,  and  has  never  yet  been 
laid  before  us  by  the  executive,  I  dare  hot  trust  myself  to  speak 
of  it. 

Neither,,  sir,  is  it  my  intention,  in  any  manner,  to  bring  into 
question  the  motives  of  the  President,  in  bsuing  his  proclama- 
tion, or  of  the  members  of  this  and  the  |>ther  branch  of  tha 
legislature,  who  voted  tor  the  non-intercoui^se  law.  I  am  vill- 
ing  to  believe,  that  the  executive,  when  he  issued  the  proclama- 
tion, and  congress,  when  it  passed  that  law,  which  was  in  effect 
to  validate  the  proclamation,  acted  under  the  impression  that 
the  French  decrees  were  revoked:  but  I  must  believe  also, 
that  in  this  instance  they  were  deceived,  by  the  arts  juid  cun- 
ning of  the  French  government.  Having  been  an  actor  in  the 
scenes  which  preceded  the  non>-impoi'tation  law,  I  cannot  ,^Iiow- 
ever,  when  I  view  them,  with  ti.'  V  ^l.t  since  afforded  by  the 
gentleman  who  was  at  the  head  of  this .  epartment  of  State,  ac 
quit  the  President  of  all  blame.  'Mr.  Smith,  in  his  address,., 
state?!  some  Mngs  which  lyc  all  knojy  to  be  true     We  kno^v: 


jf  ••i-^««,-vW-W''*j-^-- 


..»*•• 


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IB 


h? 


r 


1 ' 


.■' ' » 


thai  iiuuJi  doubl  existed  in  this  house  and  imtinn,  wiih  respect 
to  the  effect  of  the  French  note,  and  the  intention  of  the  French 
government :  and  we  know  also,  that  the  non-importation  law 
was  delayed  on  account  of  the  arrival  of  the  new  French  minis* 
ter,  who  it  was  confidently  expected  would  he  able  to  dispel 
our  doubts.  Sir,  the  minister  came,  and  we  received  no  infor» 
mation.  How  this  happened,  hks  been  explained  by  Mr.  Smith. 
He  had  a  conference  with  Mr.  Serruricr,  and  prepared  a  note,  in 
order  to  obtain  his  firmul  ansvcr,  among  other  things,  to  thd 
question,  whether  the  decreet  had  been  revoked,  and  what  ex» 
platiation  he  was  authorized  to  give  on  the  subject.  Let  Mr. 
Smith  inform  you  how  this  was  received  by  the  President.-* 
«  But  waiting  on  the  President  with  it  (the  note,  and  on  the 
20th  of  February,)  and  t^ftei-  having  reported  to  him  verbally 
the  result  of  the  conference,  I  was  to  my  astonishment  told  bf 
him,  that  it  would  not  be  expedient  to  send  to  Mr.  Serrurier  any 
such  note.  His  deportment  throughout  this  interview  evinced 
a  high  degree  of  disquietude,  whjch  occasionally  betrayed  him 
into  fretful  expressions." 

As  to  the  practices  of  the  French  cruizers,  we  have  it  in  the 
history  of  the  times.  From  ^accounts  not  contradicted,  and 
Which  cannot  with  truth  be  contradicted,  we  know  that  the 
French  armed  vessels,  public  as  well  as  private,  and  in  every 
sea,  continued  their  aggresedons  on  our  commerce,  under  the 
principles  of  the  decrees,  notwithntanding  the  pretended  revoca- 
tion. When  told  of  the  revocation,  their  answer  was  a  smile  of 
contempt  for  our  credulity.'  But  without  resorting  to  report 
and  general  history,  we  have  a  document  from  the  state  depart- 
.ment,  which  establishes  thcise  depredations;  I  mean  the  re* 
port  of  captares  laid  on  our  table  on  the  6th  of  July  last,  in 
this  we  have  ^iven  to  us  a  list  of  forty-five  captures,  made  by 
the  French,  since  the  2d  of  November,  1810;  of  the  vessels 
thus  taken,  eight  are  expressly  said  to  have  been  burnt  or  sunk 
at  sea  by  a  French  squudron.  The  papers  relative  to  the 
French  burnings,  went  to  the  department  through  this  house, 
and  we  know,  that  iih  some  instances,  the  certificate  of  the 
French  commander  accompanied  the  representations,  proving 
that  he  acted  under  orders  issued  after  the  2d  of  Novenber. 

This  report  of  captures  I  am  sorry,  sir,  to  have  it  to  remark, 
does  not  comprehend  all  the  cases  of  French  depredations  on 
our  comraercf ,  after  the  date  of  the  proclamation  of  Novem- 
ber. As  it  yrk%  made  up  from  communications  by  individuals^ 
this  was  ivL  some  measure  to  have  been  expected ;  but  it  was 
Hot  to  be  expected  that  any  cases  known  in  the  office  of  state 
would  have  been  omitted  ;  and  yet  so  is  the  fact.  Among  the 
papers  which  accompanied  the  President's  message  of  the  last 
session,  is  a  list  from  our  agent  in  France,  of  American  ves- 
sels taken  by  French  privateers  since  the  1st  of  November, 
1810,  and  carried  into  the  ports  of  Franco.  In  it  we  have  with 
others  the  Robinson  Ova,  the  Neptune,  the  Two  Brothers,  and 


K 


m 


.tho  ZQl)ra,  nol  one  of  which  it  mcnuoncd  in  the  report.  AtUl< 
cd  to  thist  wo  know  tho  protu9t»  and  paper*  which  went  from 
thin  hoiue,  proved  tlut  the  I'riench  gquadrnii  destroyed  nearl/ 
thirty  Antertcan  vesH^lt,  inntcAd  ol"  eigla,  as  reprcijcnicdi  by  th« 
report. 

Ah  to  the  deciuions  of  the  French  prize  courts  ;  it  will  be  re* 
collected  that  IVlr.  tlusscU,  in  his  iCitur  to  the  Sccretury  of  State, 
of  tltc  8ih  of  May,  t8 11,  lays,  **  it  may  not  be  improper  to  re- 
murk,  that  no  American  vessel,  captured  since  the  tst  of  No- 
vember, has  yet  bccu  releuHed,  or  had  a  trial."  It  is  not  nccea- 
eary,  thereiure,  to  go  further  back.  In  the  mcsnuge  of  April 
S3(i,  18 12,  relative  to  captures  of  vessels  in  the  Baltic  sea,  we 
have  front  our  agent,  Mr.  Warden,  three  cases  of  condemna- 
tion by  the  council  of  prizes  at  Paris,  on  the  lOth  September, 
1811  ;  the  captures  having  been  made  in  1811.  The  ship  Julian, 
with  her  cargo,  Wi.s  dcclarrd  good  prize,  because,  amotjg  other 
reasons,  *-that  she  was  visiLed  by  several  English  war  vessels  )'* 
and  tho  ship  Hercules,  because  "  that  it  was  impossible  .nhe  was 
not  visilt'd  by  the  enemy's  ships  of  war,  in  approachini;  the 
Islo  of  Anholt."  In  all  the  determuiations  ot  the  i'rench 
Courts,  as  far  as  we  have  any  knowledge  of  them,  the  princi- 
ples of  the  Berlin  and  Milan  decrees  have  been  recognized 
and  enforced. 

As  to  the  acts  and  declarations  of  the  French  government  t 
|t  has  been  more  than  once  urged,  that  the  adatission  of  some 
of  our  vessels  into  France  was  a  proof  of  the  revocation  of  the 
decrees  ;  and  yet.  Sir,  Mr.  Russel,  in  his  letter  of  May,  which 
I  have  just  mentioned,  declares  that  the  vesbcls  whose  entry- 
had  been  allowed,  had  come  direct  from  the  United  States, 
without  having  done  or  submitted  to  any  known  act  which 
would  have  subjected  them  to  the  operation  of  the  decrees. 
How  then.  Sir,  can  sucl  admission  be  evidence  of  the  revoca- 
tion f  And  how  does  it  i.appen  that  the  admission,  if  there  wsts 
a  revocation,  was  to  proceed  from  the  Emperor  ? 

In  the  answer  of  tue  French  Emperor  to  the-  deputies  from 
Hamburg  and  Bremen,  we  iind  him,  on  the  2Qtn  of  March* 
181 »,  saying  that  "the  decrees  of  Berlin  and  Milan  are  the 
fundamental  laws  of  my  empire  ;  they  cease  only  to  have  effect 
as  to  those  nations  which  defend  their  sovereignty  and  main- 
tain the  relig-ion  of  their  flag."     And  what,  I  pray  you,  bir, 
does  his  majesty  mean  by  this  religion  of  the  flag  ?  It  is,  that 
the  flag,  if  it  does  not  give  character  to,  shall  protect  the  pro- 
perty under  if.     It  is,  that  the  passengers  on  board  the  vessel 
shall  be  considered  as  on  neutral  territory,  and  not  be  subject 
to  capture.     Have  we  really  consented  to  maintain  this  religion 
of  our  flag  ?    1  hope  this  is  not  yet  to  be  numbered  among  our 
follies.     And  if  we  have  not,  is  it  not  certain  that  the  decrees 
remained  in  operation  against  us  I    Again,  his  imperial  majesty- 
addressed  his  council  of  commerce  on  the  3 1st  March,  i8i), 
vrhcn  he  told  them,  and  toid  us,  that  "  the  rlecrecs  o^:'  Berlin 

3 


n 


V 


\\\ 


B>««*«^s^^?)«iiii^^«»-.i-<r«*->;'*-»»^»^     ff-^ff-ofa^Zr^K,  .,,-■ 


I; 


V   I 


18 

«rtt!  mm  are  the  fundan.enul  laws  ol  iny  cniuiri     Kh.  ♦! . 
*euiral  naviKaUon,  I  consider  ,ho  ia,,  a,  an*^x?cK    on  ofTcr  f 

viJl  -oon  bcd*.HH.T    .      nl^    ^^^^^  ''^  American  commerce 
?J  l'°'"l!/'?  .*  d«-m"-tio,rubo!;t  ourcommircTiXircf 

freedom  of  the  iZ  *"  '**^  ^''  ^^^^  ^''»  ^'*B'"K  ^^^  the 

an^.'nd "'  tH/^'v^'  °V^l'  '"^J*^*^*  •••Gained,  h  mnst  now  be  at 

^u'raUt  tithe  S^^^^  '"  "^'''  and  communicated\? 

will  ?«;;.„..       ..  *^"^'""''  government  on  the  20th  of  last  Mav 

regard  to  our  vmJhI     a  J  i     u   Y    ^^'^'^''^^  as  not  existinir  in 

181 1,  was  a  formal  Refusal  Tn     ^k         *"*•  °"'*  '^^  **f  M«'ch. 

the  French  decrees,  and  recommending  for Vuch  rcvocadon  f 
non-mtercourse  and  a  war  with  l<'n.^i..r.f^        u      •    "^evocation  a 

property,  ha,c  been  ci.^d  i„;"t™f    °  ^Se^^^^  ""^ 

decrees,  a  distinction  W  «.-,.  „r  7»  i  "'".""""""ce  of  tlie  French 

the  ii^e'rnal  and  ^x  erLTu^l  Sf  ^  "^^^^^ 

told  that  they  existed  atrainst  ,.«  ^      .      ®"* '  '^*  ''*^<'  ^een 

the  captures  and  the  burnin|s  o  U  e  aZ  ic  17!1  '°  •'""^^'^ 
and  the  condemnations  on  the  Bah  r-  We  shaH  L  I  '  '"^""^ 
aucha  distincuon,  as  comint-  fro.,  n.,,-  1  -^"V"  ''*'"  ^O"" 
Mr>«^  He  makes  nonelu^l  l.^  ^°°''  *'''^"^'  •^«/'°'''o« 
to  trifle  on  thisTubject  ^'^^ ''"'  ""'  ^^^  descended  thua 

that^ery  vess^  which  sLu  s't^rf'f  '"  ''*''  ^''^"  ^«"^''««> 
foh  «hip7or  that  slil    Lt  oV toTn  R^llr'''''"^  ^  ^"  ^"s' 

their  coUes,  or  oountH:»^c^^pTed'''^;  ufeirX?'°"  ?'  '" 
cording  to  the  Berlin  decree  ail  m^Zu  i-  P*'  ^"^  a^^ 
EngljA  m.„„fi.ctorie.  and  ".l.:!  ?ir'  IT  prizT  Vr"" 
~g»lau,„.  .re  «,  remain  a.  long  as  Englai^  conS"::;  to'^de'^ 


■^■^. 


^?<:. 


^.^.-."St*'' 


i 

I 


■Ait  mvloWiiUty  of  the  flag*;  or  In  other  wordi,  thall  deny  th|* 
(tie  Aug  of  a  neutral  nhall  protect  the  property  of  an  enemy. 

Do  vn  wUh  to  know  in  what  country  tliciie  municipal  rej^ulft' 
tloni  are  to  open»tc  ?     The  French  note  on  the  breaking  out  of 
Che  war  with   Kussiu,   will  give  uh  sonoe  information  on  this 
head.     The  Duke  of  Dasiuino,  the  French  miniiiter  of  foreign 
relations,  on  the3sth  of  Apnl,  1813,  addressed  a  paper  to  Count 
Romanzow,  chancellor  of  Russia,  irom  which  I  will  give  you  one 
or  two  extracts — «»  Count — Mis  majesty,  the  emperor  of  Rus- 
sia, had  acknowledged  at  TUtit  the  prirtciple,  that  the  present 
generation  should  not  have  looked  to  the  rnjoymcnt  of  happi- 
ness, but  on  the  ^^round  that  the   nations  in  the  full  enjoyment 
of  their  rights,  migiit  gi-vc  themselves  up  freely  to  the  exercise 
of  their  industry  s  that  the  independence  of  their  flag  should 
be  inviolable  ;  that  the  independence  of  their  flag  was  a  right  be- 
longing to  them,  and  its  protection  a  reciprocal  duty  of  the  one 
towards  the  other ;  that  they  were  not  less  bound  to  protect  the 
inviolability  of  their  flag,  than  that  of  their  territory  ;  thatjif  a 
power  cannot,   without  ceasing    to    be  neuter,  allow  its  ter- 
ritory to  be  taken  away  by  one  of  the  "bcllifjerent  powers,  so 
neither  can  it  remain  neuter  in  permitting  to  be  taken  from  un- 
^er  the  protection  of  its  flag,  hy  one  ef  the  belligerent  powers, 
the  property  which  the  other  has  placed  thore  :  that  all  powers 
tonsequeirtly  have  the  right  of  exacting,  that  nations  pretend- 
ing   neutrality,  should    cause    their  flag  to  be  respected  in 
the  same  manner  as  they  enforce  respect  to  their  territory  ;  that 
so  long  as  £ngland,  persisting  in  this  system  of  war,«hould  dis- 
avow the  indepemience  of  any  flag  upon  the  seas,  -no  power 
which  is  possessed  of  coast,  can  be  neuter  with  respect  to  Eng- 
land."—" The  emperor  Alexander  offered  his  mediation  to  the 
English  government,  and  engaged,  if  this  government  would 
not  consent  to  conclude  peace  upon  the  principle  of  acknow- 
ledging that  the  flags  of  all  powers  ahould  enjoy  an  equal  and 
perfect  independence  upon  the  seas,  to  make  -common  causr 
with  ^France,  to  summon  in  concert  with  her,  <he  throe  courts 
of  Copenhagen,  Stockholm,  and  Lisbon,  to  close  their  ports 
against  the  English,  to  declare  war  against  England,  and  to  in- 
sist upon  the  adoption  of  the  same  measure  by  the  various  pow- 
ers."— *' Sweden  had  refused  to  shut  her  por^s  against  England  ; 
and  Russia,  in  conformity  to  the  stipulations  of  Tilsit,  had  de- 
clared war  against  her."     The  great  complaint  against  Russia, 
and  the  principal  cause  of  the  present  war,  as  collected  from 
this  paper,  is  the  permission  to  oring  into  Kussia  the  produce 
•f  English  colonies  under  foreign  or  neutral  flags. 

These  municipal  decrees,  eo  called  by  our  administration, 
therefore,  are,  or  are  lo  be,  as  extensive  as  the  continent.  All 
nations  are  to  protect  the  religion  of  their  flags.  Any  nation 
refusing  or  omitting  to  do  this,  loses  its  neutral  character,  and 
war  is  to  be  made  upon  it.  Are  these  indeed  mere  municipaJi 
ireg-ulations  ?    Have   we  no  interests  in  these  questions ;  n» 


.    A..^    .-.,-_   ■,  ,„'  1 


-*;^^«*X'--« 


Yl^^ 


f 


it 


u 


P««ty  und  hi.  violations  «f  our  rL.  h  ^  '^If        7"  T  ''V  ?«•«• 
pen,  that  wc  so  carclcsalv  rl«;  ^  ^'"'   *^'**  *^*»  «  *'-P- 

ivhi:reUredhis\L;7",':';i"-  ,'*''■"  P-.idcntwa,„.istakoa 

taken  when  we  pa;.ed  t'^  c  i^  inf ''  '""  ^^"  ^'^•"^^  ^''"-"y  ™'«- 
clecrces  were  not  .evoked     '?"','"^«'-^ *'"'»^'  '-^w.    The  I-Vcnch 

duty  to  Franc,  or  our'cfvc.  ulZ^  ***"*'  ^''"*='^  "I'"'"  »>/  "" 

«  IS  not  necessary   to  have  r^l^...  .  *"  ^'"'*  P"'"^  *»'  view, 

Of  »u»i  year,  betwie,  our  sccrl^ir'^V  ^1"  ^'P»0"'atic  warfuro 
nister,  t'hen'in  thiTcom.tr;  nor  ll  "''^'  *'*'"'  '''''  *^""»'^  ""' 
cation  waademanded  by  Enila.^  tTT  ^""^  '^'"-^  "*  '■^^''• 
the  obvious  answer  ia,  U.al  Sc  .  „,  '  '"qu'nca  of  thin  kimF, 

by  France.  '  ""**"  """*  ""  revocauon  of  any  kind 

Jliru^r;t::r,S„'^or;i;J'*?''  '^'^  investigation, 
honour  and  inter,  st  of  t^he  coZr^''"  r^r''''  "  "'*'^'''"-    '*'''« 
^ell  regulated  sen..e  of  honour    ?  n?        '^^''' '^'^*  ^^'•-     S"'  '^ 
of  a  nation,  u.  ^y^n    ^H'miZnf     '^    "r  """"  '"  »'««  character 
take  tinsel  Ibr  golS      Much  h«o    ""  "'t^'*'""' '  "^"^  ''^t  ua  not, 
the  disgrace,  i'diridual  and  n^t  ot^Vt^'  r'°"^  '*"''"'"'-'  -'** 
and  ,8  there  not  some  foundation  fu.i'"^  'f"    ^'^  "  ""^  »"''!• 
Great-Ilruian.  in  the  state  of  o      rcLti       '"*• '."  n '  '^^^  ^"'*  ^'^» 
mission  to  the  arts,  or  at  leasrhe  Hnir"'  vvith  France,  was  sub- 
to  maintain  the  chastity  of  our  I-      ""^'       Bonaparte  i     If 
object,  we  ought  to  have  had  all  dnn  ^     '  '"'"'  '"^^*^'^  °"»' ""'X 
and  in.entions%f  the  Fret.ch  en  pet"    '  '"''''''''  "  ^«  ^^'^  ^«« 

Was  the  pretended  revocatio.  bv  F? 
or  at.  all  calculated  for  our  bene  It^  V.      '  ""  «^^  of  justice  to  ua, 
lead  us  on  to  a  wa.-  with  Engla  d  "ire'  'I  ""'  ?  ""'**'  '"''*^  '^ 
lugh  seas  were  continued  to  Uu  extent  of  I'^'^'^f'""'  °"  »*>« 
our  commercial  intercourse  with  K.n  ?        ^i*^"^^*  P"^^**"'  «ncl 
dunes  and  oppressive  reguLrns     rfhrf  '^'"*':-^.^  ""^'  "«^ 
from  the  secretary  of  state    Mr  iu      ^^^  better  of  instructions 
l8n,toourprese'ntLrn3\^t'p^,„^^^^^^^       the  26th  ol  July 
ed  in  a  fair  point  of  view.     After  r^t^'  '"''J^^t  is  present- 
pected  that  our  trade  with  France  wi'hf^K  ^'  '^"?  '^*''""  ^^^ 
fair  footing,  he  says,  it  apnea,  sfrnl  ^''^  ''''*'"  P'*"d  on  a 

"that  our  commerce;  iJK  ubTectd^r;^  ^"  '"  *^' 
couragement,  or  rathe.-,   to  the  i^i!?  ^*'*'  &'**=«test  dis. 

«  m  short,  that  the  ordinary  usleesnfro  ^PP'"^^^^  restraints." 
ly  nations  were  abandoned^"!l"f  17,1"^'."'''^.!^'^'^*^*^"  ^'i^^d- 
alUcs  are  not  opened  to  the  commer^rol'lh^'u' r^S^;:,':; 


:^- 


I 


•  \i\iCKA\  sculc,  utii)  on  fair  condhiohn,  of  what  avail  to  them,  li 
Uiuy  Uo  fl»kcd,  will  be  the  rcvocationii  of  xhv  Uritish  onlem  in 
counciU"  Sir,  I  have  hoihing  lu  adil  in  these  oljic:iiaiions j 
Ihcy  arc  %itou\(  iti  chamcier,  utul  not  mure  huouk  »'>-h»  i»iit- 
WouUI  In  lieaven  I  could  ncc  a  corrcdpoiulcnt  spirit  in  the 
scf-apH  ant!  uiorndH,  which  huvc  hccn  rmt  upon  u%  ol  the  mea- 
gre communicaiiorii*  of  the  inun  who  wuh  thuH  instructed. 
Nearly  eighteen  monthH  huvc  now  pusscd,  klnco  this  nun,  who 
"  ha(l  the  niost  lluttci  iu^  Ihinjjs  suid  to  hint  from  the  Emperor, 
relative  to  his  ai)|)oir«tmcnt,"  rcuchrd  France,  ami  yet  to  this 
day  we  ure  ignorant  of  the  great  value  .if  hi»  luhoum.  But  if 
what  he  hi«»  <|one  remains  unknown,  what  he  huii  not  done  in  not 
so.  The  dis<  ciinagenicnts  and  lesuaints  on  our  commerce  re- 
main an  he  found  them. 

if  the  British  orders  in  council  were  a  causa  for  declaring  the 
war,  are  they  a  c.uisc  at  this  time  for  continuinn  it  ?  hir,  the  or- 
dcrb  were  revoked  about  tic  time  we  made  the  war,  and  though 
much  has  been  said  about  conditions  annexed  to  the  repeal,  ren- 
dering it  unacceptable  to  this  country,  yet  tlic  adminim ration 
understand  it  differently.  The  Pre»ideni,  in  his  mesaagc  at  the 
commencement  of  tliis  session,  admits  that  the  repeal  was  '♦  susr 
ceptible  of  explanations  meeiini,'  the  views  of  this  governmenl." 
Ihis  cause  of  war  has  therefore  vanished. 


IMl'/iESSA/JiAT  OF  SEylAfEM 
The  Injury  done  to  our  seamen  nnder  the.  British  practice  oi 
impressment,  was  also  made  a  cause  of  the  war,  and  to  the  eye, 
at  least,  it  is  the  only  one  which  now  remains. 

Mr.  Chairman,  the  discussion  of  this  subject  is  attended  with 
adventitious  difficulties,  growing  out  of  the  times  and  the  state 
of  the  country.  The  public  mind,  in  some  sections  of  the  union, 
js  in  such  a  feverish  state  on  this  account,  from  tales  oft  told  of 
bondage,  worse  than  negro  slavery,  and  of  condenmation  with- 
out trial,  that  the  person  who  is  willing  to  "  hear  the  other  par- 
ly," is  at  once  branded  with  foreign  partialities,  and  threatened 
with  the  trial  by  mob.  Besides,  Sir,  it  is  intimated  that  a  nego- 
ciation  is  to  be  had,  or  may  possibly  be  attempted,  which  may  be 
aftected  by  an  open  discussion  of  the  topic.  In  point  of  duty,  I 
feel  myself  called  upon  to  take  some  notice  of  the  subject,  but 
my  view  of  it  will  be  less  perfect  than  in  a  different  situation  I 
should  think  desirable. 

The  President,  in  the  war  message,  thus  introduces  the  sub- 
jfect— -"  British  cruizers  have  been  in  the  continued  practice  of 
violating  the  American  flag  on  the  great  highway  of  nations,  and 
of  seizing  and  carrying  off  persons  sailing  under  it ;  not  in  the  ex- 
ercise of  a  belligerent  right,  founded  on  the  law  of  nations  against 
an  enemy,  but  of  a  municipal  prerogative  over  British  subjects." 
As  this  docs  not  present  the  case  in  its  true  light,  I  shall,  for  the 
purpose  of  fairly  bringing  to  view  the  conflicting  claims  of  the 
two  nations,  give  you  an  extract  from  the  letter  of  Mr.  Madison 


t 


^m 
t 


I 


1) 


1 


■  u  Mr.  Monro*,  of  iho  Sth  of  J.nunry,  1804,  f  onulnlnif  imtru*. 
lion,  for  .  treaty  ^i.h   (Jrc.».|lrltaln.    .«  With  thi.  /.i.SSL 

«r*Mi.  (.ic...Br.t»i.,,on  th«  contiary,  Hucru  •  Hght  to  .rarrA 
ror  a«rf  tris.  Her  own  ,«A;.r/t ,  «nd  un.Irr  that  rover,  u  cwiliot 
but  happen,  .r«  often  .eUe.l  end  tukrn  ..(T.  citii.n,  of  the  UnU 
tcdSi..*,.  and  ritl,e„.  „r  -ubj-ct,  of  other  n« at r.1  count rl«, 
navlK-iUhg  the  high  eeat,  under  the  protection  of  the  Amcricun 

•luff. 

The  claim  then  on  tlie  part  of  thr  BritUh  i.,  that  in  time  of 
^^al•they  htve  a  rj«hi  to  enter  n«utr.l  merchant  veMrU  on  the 
Irigh  leat,  toeearch  for  «nd  icize  their  .ubjctti,  bfing  neamen. 
On  our  imrt  it  I.,  that  on  the  hl^h  .eaa  the  fla,?  .hail  rover  a.^ 
protect  all  tailing  under  it,  whether  nriti%K»uhject!i  or  Amnican 
clHitena.  These  are  distinctly  the  daimn  of  right  on  the  part 
ol  the  two,  nationn,  and  I  uhall  to  conaider  them,  without  re  Jard 
to  practice  apart  from  right.  '' 

One  or  two  remarks,  Sir,  bef.*re  I  enter  upon  the  aubject.  Tho 
rirtt  i»,  that  I  do  not  mean  to  moot  the  point,  relati? e  to  the  riirhta 

I*h^''"S".'"*.M"^i*''-u'^''°''.^^''  extent  of  ourdutie.  towjrda 
thctn.     But  thia  I  will  t.ay,  that   I  am  willinR  to  give  them  all 
the  protection  which  the  situation  of  the  country  and  ita  true  in- 
tercst.  will  justify.     I  know  that  the  unruly  passions  and  th« 
ineddlin^  dispositions,  of  some  foreigner.,  have  raised  prcjudicea 
tnthc  nnnds  of  many  persons  against  all  foreigners.  But  I  know 
also,  and  I  speak  without  reference  to  iK)liticul  opinions  or  ore- 
judlces,   that  among  our  naturalized  ciiitcns,  are  to  be  found 
men,  and  many  men  too,  of  grout  worth  and  respectability,  and 
>Tho  are  extensively  useful  to  the  country.     These  men   havo 
niy  good  will,  and  it  is  certainly  my  wish,  that  they  should  bo 
fostered  and  protected,  aa  far  as  it  can  be  done,  without  putlinir 
at  hazard  the  great  interests  and  the  permanent  welfare   of  the 
country. 

But,  Sir,  to  this  class  of  our  citizens,  the  claim  that  they  are 
to  be  protected  on  the  high  ,ea»  by  our  flag,  is  really  of  little 
importance.  Our  claim  never  was,  and  I  am  sure  never  will  be 
ihat  they  are  to  be  protected,  if  they  put  themselves  within  tl* 
power  of  their  former  sovereign,  by  going  to  his  ports,  or  plac 
»ng  themselves  on  his  territories.  And  yet  such  is  the  stP'c 
of  the  commerce  of  the  world,  that  it  can  scarcely  happen  ia  a 
mercantile  voyage,  m  this  or  the  other  hemisphere,  that  the  ves- 
sel will  not  at  some  time  be  in  a  British  port,  and  the  crew  on 
British  ground  i  our  right  of  flag  will  not  then  save  our  adopted 
citizens  from  impressment.  For  the  slight  benefit,  therefore,  to 
our  naturalizeo  m'-c'-vvs,  which  can  arise  under  our  claim,  if  es- 
tablished, I  am  SM  <?>  Jit  wcl'  -.neaning  and  reasonable  part  of  them 
will  not  ask  thf     n     rj     i  continue  the  war  on  their  account 

Another  rer..U,   vmch  I  w^sh  to  make  is,  that  J  am  inist 
-lecidedly  il»c  irivml,nay,  Sir,  if  you  please,  the  purtisaa,  of  iii» 


Jo 

iCAtnen  %t  th«  «ouninr.  I  have  no  d«ul)t  th«t  this  iMiUoa  U  des- 
tined I  b«  •  gr««t  mtrltime  power  j  and  thai,  in  timet  not  very 
far  a»Mant,  we  are  to  owe  oar  pro«perUjr,  aa  a  commercial  p«o- 
|ilc,  and  puialbljr,  Uiid«r  {iro^idcncc.  our  security,  to  our  Mameit. 
I  am  therefore  a  frien«l  to  •♦  teamen't  righta,"  property  under* 
•lood  and  laivlf  enforced}  but  ti /•  shall  not  blind  me  to  the 
right*  of  others.  Besides,  in  a  war  to  be  carried  on  for  scanifii 
alone,  and  that  too  on  the  abstract  question  of  the  right  of  flag, 
I  can  see  great  danger  to  the  seamen  in  their  just  clalni«  to  pro- 
tection ;  and  I  must  beg  their  friends,  in  and  out  of  this  house, 
to  reflect  before  they  act.  As  sorely  at  the  war  It  continued  on 
this  grounu  alone,  so  surely  will  seamen  bcrome  unpopular,  and 
th  tr  riphts  be  neglected.  When  the  evils  of  the  wur  prcis  upou 
the  country,  and  press  they  will }  when  the  many  lives  sacrific- 
ed, anu  the  countless  millions  expended,  shall  l>e  brought  to 
view,  is  It  not  to  be  apprehended  thm  seamen  and  their  cbiraa 
will  be  remembered,  only  as  the  causes  of  the  scenes  of  expense 
and  blood  throu^jh  which  wc  are  to  pjss  ?  It  is  not  dealing  fairly 
with  our  seamen,  to  make  them  the  scspe-goats  of  this  war. 

The  British  then  claim  the  right,  in  time  of  war,  to  take  ihei« 
teamen  out  of  neutral  merchant  vessels  on  the  high  seat. 

la  (hit  claim  a  novel  one  ?  That  the  claim  is  novel,  is  cerulnly 
Intimated  by  the  committee  of  foreign  relations,  when  they  i»av 
that  the  impressment  of  which  wc  complain,  is  ♦♦  a  practice 
which  has  been  unceasingly  maintained  by  Great-Britain  in  iho 
wars  to  which  she  has  been  a  party  aince  our  revolution."  In- 
deed it  has  been  most  roundly  asserted,  and  by  many  It  is  be- 
lieved, tiiat  tl>c  British  claim  was  made  for  the  first  time  after 
eur  war ;  that  it  originated  In  views  hostile  to  our  commerce 
and  maritime  rights ;  and  that  in  practice  it  is  only  brought  to 
bear  upon  us.  In  truth,  however,  whatever  may  be  the  justice 
ef  the  claim,  it  it  not  a  recent  one.  It  has,  in  a  greater  or  less 
degree,  been  practised  on  in  all  the  wars  in  which  England  has 
been  engaged  ibr  the  two  last  centuries. 

The  instructions  to  armed  ships  is  not  frequently  made  public ; 
but  it  so  happens,  that  we  Imve  in  print  an  instruction  on  thi^ 
very  point,  givwi  in  1646,  by  the  Earl  of  Northumberland,  Lord 
High  Admiral  of  England,  to  Sir  John  Pennington,  which  goc* 
beyond  the  present  claim.  '♦  As  you  meet  with  any  men  of  war, 
merchants,  or  other  ships,  belonging  to  any  foreign  prince  or 
state,  or  in  any  road  where  you,  or  any  of  his  majesty's  fleet, 
may  happen  to  come,  you  are  to  send  to  sec  whether  there  b(3 
any  of  his  majesty's  subjects  on  board  ;  and  if  any  seamen,  gun- 
ners, pilots,  or  marines,  (whether  English,  Scotch,  or  Irish,)  bo 
found  on  board,  you  are  to  cause  such  of  his  majesty's  subjcctJ 
to  be  taken  fortlv,  and  ,o  disposed  of  as  they  shall  be  forthcom- 
ing, to  answer  their  contempt  of  his  majesty's  proclamation  in 
that  kind."  Thcbc  instructions  were  niodilicd  in  the  reign  o/ 
Charles  ilic  second,  uo  as  to  exclude  public  armed  vcssela,  and 
with  this  modifi«aiion  they  have  came  down  to  the  p^cscii? 


/ 


i 


24 


5.     If  it  wcic  at  all  necessary  to  the  purposes  of  my  aigu 
t,  1  iniglit  show  that  this  right  hu3  been  exercised  both  to- 


ll me  !>. 

ment, 

■wards  France  and  Holland,  long  before  wc  had  existence  as  a 

nation.     Their  vessels  have  been  searched,  and  British  seamen 

taken  from  them.     But  enough  has  been  suid  to  prove  that  the 

claim,  if  unjust,  is  not  novel. 

Jn  (he  claim  /ircuUar  to  t/ie  Britiah  /*  I  am  justified  in  saying, 
that  this  claim,  in  time  of  war,  to  search  for  and  seize  seamen  in 
•  neutral  merchant  vessels,  on  the  high  seas,  has  been  made  and 
exercised  by  every  maritime  nation  in  Europe.  To  be  more 
particular — I  assert,  and  stand  ready  to  prove,  that  it  has  been 
.made  and  enforced  by  France  as  well  as  England,  and  is  so 
now.  It  would  be  a  waste  of  time  to  go  very  much  at  large  into 
the  French  usages  on  thi3  subject  I  propose  to  do  Utile  more 
than  to  refer  to  one  or  two  French  ordinances,  and  then  show 
fiom  our  state  papers  their  practical  application  to  ua. 

By  the  French  laws,  and  ihcy  arc  ancient  laws,  the  seamen  of 
the  country  are  all  classed,  and  enrolled,  and  licensed.  In  1784, 
an  edict  was  made,  which  is  still  in  force,  declaring,  that  any 
classed  seaman,  Avho  shall,  in  lime  of  pe  ice,  be  found  serving  in 
foreign  ships,  shall  be  sentenced  to  15  day  ;'  confinement,  am'^-c- 
duced  to  tlie  lowc  st  vvages,  and  serve  two  years  extraordinary  at 
the  lowest  rate  ;  but  those  who,  in  time  of  war,  shall  be  arrested 
in  foreign  ships,  or  passing  into  foreign  countries,  shall  be  sen- 
tenced to  three  years'  service  in  the  gallics."  Under  the  autho- 
rity of  tliis,  and  similar  ordmanr.cs,  the  Frcnrh  have  taken  thcii' 
seamen  out  of  our  vessels,  and  in  some  iuiitances  our  seamen 
with  them. 

Mr.  Chairman,  the  first  proof  relative  to  the  French  practice 
which  I  shall  lay  before  the  committpe,  i-.  the  impressment  do- 
cument of  January  last,  known  to  the  American  people  as  the 
6  0  5  7  document.     The  Secretary  of  State,  Mi .  Monroe,  at  the 
close  of  the  introductory  report,  says,  «  it  is  equally  impossible, 
from  the  Avant  of  precise  returns,  to  make  an  accurate  report  of 
the  names  or  number  of  citizens  of  the  United  States^  -who  have 
been  comlullcd  to  enter  into  the  French  service^  or  are  held  in 
ca/itivity  under  the  authority  of  that  ffovernment,  whether  taken 
from    vessels  captured  on  the  high  seas,  or  seized  in  rivers, 
poits,  or  harbours;  the  names  of  a  few  only,  greatly  below  the 
number  believed  to  be  so  detained,  being  within  the  knowledge 
of  this  department.     A  detail  therefore  is  not  attempted,  with 
respect  to  this  part  of  the  call  of  the  House  of  Representatives." 
Yes,  sir,  it  is  known  to  the  administration,  that  some  of  our  citi- 
zens have  been  compelled  to  enter  into  the  service  of  the  French 
Emperor,  while  others  are  held  in  captivity  by  him.     Ask,  how- 
ever, for  their  names,  and  you  have  for  answer,  that  all  the  per- 
sons detained  aio  not  known  to  the  government,  and  therefore  it 
cannot  he  material  that  you  should  have  the  names  of  any.    Say 
to  gentlemen,  here  is  a  case  of  American  rights  violated,  and 
you  will  be  tok!,  that  the  injury,  in  practice,  is  not  of  sufficient 


-  .^^.f^WJ^^-^-v^,^.. 


.    ft6 

unpoitance  to  justify  strong  measures  against  the  t^'rench  go* 
vcrmncnt  Be  it  so.  Hut  attempt  to  prove  to  the  same  gentle- 
7ncn,  that  the  practical  operation  of  Britiah  blockades  and  orders 
in  council,  is  not  such  as  to  require  war,  you  will  then  hear, 
that  it  is  necessary  to  fight  about  the  principle. 

I  have  one  other  paper  to  lay  before  the  committee,  on  this 
subject.  For  some  years  back,  the  information  about  French 
impressments,  has  been  general  and  vague,  or  altogether  with- 
held. Formerly  this  was  otherwise.  In  a  report  respecting 
the  impressment  of  seamen  in  1797,  made  by  the  Secretary  of! 
State  to  this  hou^e,  on  the  37th  of  February,  1798,  we  have  the 
names  of  upwards  of  twenty  American  citizens,  taken  out  of 
American  vessels,  on  the  high  seas,  by  French  privateers.  We 
have  more,  Sir.  This  same  report  states,  that  two  French  sea- 
men named  Lewis,  had  been  impressed  from  on  board  the 
American  ship  Bryseis,  by  a  French  Commodore's  ship  ;  that 
Francis  Gibbons,  a  native  of  France,  but  married  and  resident 
at  New-London,  in  Connecticut,  was  impressed  from  the  Ameri- 
catr  ship  Edward,  at  Rochefcrt,  by  authority  of  the  French  re- 
public, and  put  on  board  a  French  ship  of  war  ;  and  that  Henry 
Doughty,  an  AmericuU,  was  impressed  at  s«a,  from  the  A'neri- 
can  brig  Elsa,  by  the  French  frigates  Lapancey  and  Thetis, 
I  could  instance  other  cases,  but  these  are  sufficient  to  show, 
-tthat  neither  the  claim  nor  the  exercise  of  it  is  peculiar  to  the 
British. 

It  is  a  claim  altogether-  unsufifiorted  by  reason.  As  1  under- 
stand the  nations  who  contend  for  this  right  to  seize  their  sea- 
men, it  is  founded  on  the  principle  of  national  law,  which  gives 
to  every  government  a  right  to  the  service  of  its  subjects  in 
time  of  war.  I  meddle  not.  Sir,  with  the  question,  who  is,  or 
who  is  not,  a  subject ;  but  as  long  as  a  person  is  a  subject,  and 
owes  allegiance,  and  may  demand  protection,  so  long  has  the 
community  a  claim  on  him,  when  the  country  i  in  distress  or 
danger.  And  this,  not  by  any  municipal  regulation,  properly 
-80  called,  but  by  general  law.  It  is  a  right  necessarily  growing 
out  of  a  state  of  society. 

If  this  is  a  right,  then  there  must  be  a  remedy  also.  To  al- 
low that  a  sovereign  has  a  claim  to  the  services  of  his  subject, 
is  necessarily  to  admits  that  he  has  the  power  in  some  v/uy  to 
enforce  such  claim.  As  to  sailors,  the  right  is  a  dead  letter, 
unless  search  and  seizure  on  board  neutral  rtierchantmen  is  al- 
lowed". In  every  war,  if  the  principle  is  established,  that  the 
flag  shall  protect  all  sailing  under  it,  seamen  would  be  drawn 
from  the  country  and  its  service  into  neutral  employ.  High 
wages,  with  security  against  the  hazards  and  dangers  of  \var, 
would  overbalance  considerations  of  general  duty.  Let  it  be 
known  to  the  seamen  of  England  or  of  France,  that  they  may 
eafely  sail  under  the  American  flag  during  the  existing  war,  and 
my  word,  for  it,  they  will  come  to  you,  to  the  cxtwt  of  your 
ability  to  employ  them. 


L< 


^v 


p ' 


V 


d6 

liv  the  case  of  a  national  ship,  the  seaman  enters  under  the  ro- 
vernrnt-Mt  ;  and  it  is  therefore  fair  to  presume,  and  ou^Iit  to  be 
presumed,  that  there  is  no  violation  of  right,  on  breach  of  duty 
If  a  searnan  of  a  bollijjerent,  or  a  deserter,  is  employed,  the  comi- 
ty  ot  nations,  and  tiie  respect  due  to  governments,  make  a  re- 
quest  for  a  discharge  or  delivery  necessary.     But  in  this  case, 
It  the  demand  is  refused,  a  national  right  is  violated,  and  it  be- 
comei  a  legitimate  cause  of  war.     Not  so  with  a  merchant  ves- 
sel.    1  he  sovereign  is  not  concerned  with  the  crew  or  the  voy- 
age.    No  duty  exists  not  to  employ  foreigners.     If  the  com- 
mandcr  refuses  to  surrender  any  one  of  his  crew,  although  he 
IS  the  subject  of  the  demanding  nation,  and  even  a  deserter,  the 
government  is  not  concerned.     The  refusal  is  no  cause  of  war. 
beizure  is  therefore  the  only  remedy.     It  is,  bir,  unnecessary  to 
view  the  subject  in  all  i..  hearings;  what  has  been  said  was  in- 
tended  merely  to  show  that  there  arc  some  grounds  for  the 
claim. 

la  it  our  real  Interest  to  ofi/io^e  this  claim  ;  in  other  words, 
\vould  it  be  a  substantial  and  permanent  benefit  to  this  country, 
to  t'stabhsh  the  principle,  that  the  flag  sliould  in  all  cases,  cover 
and  protect  the  person  ?  To  question  this,  may  seem  strange  to 
gentlemen  ;  aad  yet,  Sir,  after  much  reflection,  I  have  almost 
brought  myselt  to  believe,  that  it  would  neither  comport  with 
the  interest  of  our  own  seamen,  nor  with  that  of  the  nation,  to 
have  the  right  of  flag,  as  wc  arc  made  to  contend  for  it,  insert- 
ed m  the  law  of  nations. 

The  recent  French  doctrine,  that  the  flag  shall  cover  the  pro- 
perty to  whomsoever  it  may  belong,  like  this,  that  the  flag  shall 
protect  the  person,  had  at  one  time  many  advocates  in  this 
country,  and  there  are  not  wanting  some,  even  at  tliis  day,  who 
think  It  altogether  ^.vou-able  to  us.     Yet,  Sir,  our  experience 
13  sufficient  to  satisfy  any  practical  man,  that  it  is  our  interest 
to  adhere  to  the  old  rule  on  this  subject.     In  peace  it  has  been 
the  horn  of  plenty,  which  has  poured  riches  into  the  coun- 
try     When  the  French  colonists  could  no  longer  cover  their 
property  by  neutral  flags,  they  were  driven  in  consequence  to 
sell  to  our  merchants.     All  the  profits  on  the  European  sale, 
and  It  was  certainly  great,  became  ours,  and  the  ship-owners 
«hit .  f  f  ,r"^^S^«  °f  ■^.  double  freight,  as  the  merchant  was  en- 
abled  to  fi  1  the  vessel  m,  as  well  as  out.     If  the  colonists  could 
^ZaT     T  P'?P^"y  home  without  danger  of  capture,  they 
wou  d  have  done  it.     The  profit  to  the  merchant  woulfhave 
ocen  lost,  and  the  ship  owner  would  have  had  an  outward  freight 

In  war.  Sir,  we  find  the  old  doctrine  equally  necessary  to  us. 
L?r  ".k'u"'  is  vulnerable  to  us,  it  is  essential  in  her  com- 
inercc  wuh  her  colonies  and  allies  in  this  hemisphere,  which 
passing  by  our  door,  is  thrown  in  our  way.     But  ii  the  flag  is  to 

f  Snanish'^rp'*'/"  ^'"  P'"^"''^^''  ^"  ^'^^  ^^  ^"  ^"^  ^^  tolfor'ow 
a  bpamsh  or  Portuguese  vessel,  and  her  commerce  is  placed  be  - 


»'*^. 


-  * 


:r5*'- -  ■'■ 


2T 

,o„d  our  ,ra.pcr  power.    We  "'too  apt.,  form  j;e„e™l  con- 
elusions  from   ndivulual  cases,  and  lo  sutler  oui  j-u, 
he  misled  by  fine  «P-ulaUons  which  favour  our  wvs^^c.^^^^^^^^ 
religion  of  the  flag,  has  many  charms  for  those  «^ho  wtU  not  su 
fcr  fhcmsclves  to  think  of  consequences  ;  ^^^^^^^^^l^'^  '^^l 
viewed  with  the  lights  of  experience,  ^^^^  f  ""^/^  t^;,iinT,K 
then  see  the  advantage  and  necessity  of  old  rue^^^^^^^^^^^^ 

to  be  regulated  by  them.     I  Lave  said,  ^^'Y^llst,  of  our  own 
not  appear  calculated  to  promote  the  rea  interests  .4  our  o 
seamen.     The  interest  of  the  sailor  is  to  Imve  K^^f  J^g^  ^^ 
constant  employment;  and  he  is  sure  with  us  ^oj*;; *;  ""''^^[^^^ 
one  and  theTnher,  if  foreign  seamen  do  "<>^  ""«;^^^^^^^ 
If  foreigners  are  admitted  to  be  covered  and  P^"  ^^^^^^ 

flag,  it  ^ust  follow,  ^ror.^^^l^:^^^^:r^^^^^  ^ 

the  wages  of  our  native  sailors,  if  they  do  not  absolutely  u 
them  trom  the  oceun,  for  want  of  employment  „,y,.it„  of 

Mr.  Chairman,  it  may  seem  absurd  to  say,  that  ^e  seem    y  o^ 
the  great  body  of  our  seamen  has  ^-"^.f^-^^J^/^.h^t 
practice  of  impressment,  with  all  !^«  *^'Jf-/"^  J  regulation. 
Lu^c   foundation  for  such  an  opmion.     O"'  °J"  [^^^      ,,,i 
place  all  seamen,  native  and  f?re>g">  onj^e  «*"^^  j;^"  jg,  ^ut 
Jllow  them  equal  privileges  :  is  it  "Ot  then  f.u  '^^f^l^^^  ,,, 
for  the  danger  of  bemg  impressed  ^^y/'^^^^^^^e    "eat  injury 
should  have  been  overrun  by  British  sailors,  to  the  g^^^^  ^3'^'^ 
of  our  own  sailors  ?  In  truth,  Sir,  m  principle,  ^^^^  ^P^*^  ^'^"j^^"* 
:L°British  claim  is  favourable  u>  Anier^^^  -^trnUh  tti 
reauire,  is  a  regulation  of  the  piactice,  so  a.    i 
with  a  reasonable  security  against  \n^F«f':"*"J'.     ...  K^rooe- 

come  the  former.    Our  iuture  ^;';*  ^"'  .  ,       according  to  the 
The  business  of  the  Canadas  and  the  ^J""  1'^'''  •^^'^°'^"'b  ^ 

common  course  of  events,  will  settle  itseli,  and  if  we  meet 
foe,  it  must  be  on  the  ocean.  ,  „  „h;n«;  •  but  shins, 

To  carry  on  a  mariume  -*'•' -^  .--^^^^^^^  i'^^^  u.Se.s  'u 
without  seamen  to  naviga  e  and  ^S'^^^^^^^^^l'J^^o^  ^ome  princi- 
,vill  therefore  be  absolutely  necessary  to  "h^^^^^^  °"  '"'^^^^/^^n,  ^,, 
nle,  which  will  give  us  as  much  command  ^"'Jlovriv^Z 
he  r  element,  as  we  have  over  ""^  \ands^men  or  shoi e^^^  W.th 
out  meaning  to  intimate  that  we  will  or  ought  ^o  re  ou  to 
].:uropeau  practice  of  impressment,  yet,  ^1^"^;^^;^  °"  ^^i,  ,, 

termine  on  having  a  ;-T'.;-,,tn1  ^u   sat  -  ^^^^^^^^^^^      country 
some  regulation,  which  will  Dring  our  r>Aiiv^ 


I 


pstr'SS*:  ■■ 


M 


'/■■ 


1  i 


28 

vice'"  wr'l  'n  I'  '"^  •"''^'  ''  '^'''  '"^*^' "^  '^  Ko  in^«  our  ser. 
hrihl.  ^    «'»»"  hfivp  no  .ncuns  lo  prevent  their  acccptint?  tl.e 

slinl   .  "'"'"'i'' '^i^''  ^^"i^*^'^'  ^^'^  «*»■«  employment,  bm  by 

doVhin^.h*""*'-  ''  f  y  ^'"'"^  '"  ^^'^  ^^"''^e  of  reflection,  antl  1 
nation  nr,"  '''  "''"  "°  ^'"^  ^'''^»"  '''''"«  bound  in  duty  to  the 
ntZ  J}  ?  °'"  '*'^"".'^"'  ^"^  ^o"^">"c  the  war  with  Great-Britain 
pJei^-vinlX  ^"^''^^°"  °^  ^isht.  we  arc  ourselves  interested  in 
Wrn  ^J     .7'^".^'^'  *='"i"'«l  by  that  nation.     What  w'c 

fish  and  r;.";;'  ^°'*' '?  ^"  '^^''^y'  ^'^^^  ^^e  practice  by  the  Bri- 
tish,  and  pll  other  nations,  should  be  so  regulated,  us  to  afford  to 
our  scanjen  a  reasonable  degree  of  security.    Forl^  To  perfca 

their  enlT  '"'"•'"^'  \'^"'"  ^^^''''* '''"''  ^'^'^  "^t"-""  •'^"'l  «cene  o 
then  emploj-pcnt,  renders  that  impossible.     Their  service  wiU 

te'rrSe^^^'lfrer'?"'  ^'^^  T^''^^^'^'  -^'""  ^^e   ^'i" 
lerritoiies,  where  our  doctrine  of  the   religion  of  the  fl^tr  ,„iii 

:!;dr„r„;'r"h'iX,c '" ""  "^^ """  °" «"-"  t-™-"'' 

we  done  th  5,  as  respects  Gieat-Briloin  ?    Perhaps  some  surl. 
is  II  ir  "  '"  ^  '°''"''' '"  ">«  '»»  "'""h  <l««nes\haTvesso 

SLuK  i    '"f^'S""'.  ""  li"glishraen,  and  if  .„„  please    aH 

sSSsVo^^rS..'" ""'' "''™'''-  -  fi""«o'sec„s;r„' j;" 

But  we  have  also  the  law  of  Mav   l-'Ofi  ivi.irk  .         i 
the  collector,  may  register  seaS.'cal  i^' "tlSo's  A^eli' 
can,  and  grant  certificates  of  citizensh  n      Onr^r  ,t?  ^         " 

cd  as  a  species  of  negotiableTro'pmy  S  va  u  'Sv^T'ti;- 
these  protections,  in  their  abuse,  are  a  scand- 1  in  ,  h  •         ' 

It  has  made  false  swearing  an  emn  ovmen     ,n  i  ?k        "^^0"— 
false  papers  a  business.     The  pdceTsucVri^^^^  ""^ 

known  in  thp  ,rcat  sea-port  to^v^s  at  iru't%';rou'r"s.o\\;"" 
AH  ages,  and  complex  ons,  and  tonL'ues  mav  hlA  »i  •   ,"'','^*— . 
citizenship,  by  paying  the  charges  h'^'c^a^s  Vrtl'd''  ?f 
this,  however,  was  not  so ;  if  j^otections  wer^on  y  g  f^^^^^^^^  to 
real  An^encans,  it  is  difficult  to  sec,  ho.v  this  is  la  j.f '  xit  u  o   ' 


%p  '^ 


39 

pmployment  of  British  sailors.    It  is  not  ncccBsary  that  the 
persons  iiuviiraiinK  an  American  vessel  should  have  them. 

This  act  of  ours  was  presented  to  the  British  government, 
by  Mr.  King,  h»  January,  1797,  and  Lord  Grenvillc,on  the  -7tn 
of  March  following,  in  a  maimer  highly  conciliatory,  and  ccr- 
tainly  with  much  force,  stated  specific  objections  to  the  law.— 
The  executive,  when,  in  July  last,  he  answered  the  call  ol  the 
Senate,  for  papers  relative  to  impressments,  omitted  this  leuer 
of  Lord  Grenville,  but  he  gives  a  letter  from  the  "»c»  secreta- 
tary  of  state,  to  our  minister  at  the  British  Court,  of  the  thi  a 
of  October,  17«J7,  in  which  the  force  of  the  objecuons  seems  to 
be  admitted.     "  Lord  Grenville's  observations  on  the  act  ot 
Congfess  for  the  relief  and  protection  of  American  seamen, 
present  difficulties  which  demand  consideration  at  the  ensuing 
session."  Nothing  was,  however,  done  at  that  or  any  luture  ses- 
sion.    In  truth,  we  have  done  nothing,  to  prevent  the  employ- 
ment of  British  seamen  in  our  public  or  Private  ships ;  and 
they  are  to  be  found  in  both.     And  yet,  with  this  fact  staimg  us 
in  the  face,  we  are  called  upon  to  say  that  the  war  w  altogether 

just  on  our  part  1  „  .  .  ,  .•  „  .,.wi»^ 

It  will  probably   be  urged,  that  the  British  practice  under 
their  claim,  in  its  application  to  us,  was  sufficient  to  prove, 
that  the  reclamation  of  their  seamen  was  not  so  much  the  ob- 
ject of  the  British  government,  as  the  seizure  of  our  seataring 
citizens ;  tluvt  it  had  become  so  outrageous,  as  not  only  to  justi- 
fy, but  to  require  war.-Without,  Sir,  meamng  to  ^^^^^^^^'J^ 
palliate  the  taking  even  a  cabin  boy,  if  done  knowingly  and  wittng- 
ly  ;  and  being  willing  to  admit,  that  about  the  period  of  the  attadv 
Jn  the   Chesapeake,  we  had  much  -"^  serious  cause  to  com- 
plain on  the  subject,  I  must  be  P^^'P^^^^^  ^°  ^'^y*  J',;^'  J^^^the 
not  evidence  to  satisfy  me,  that  when  we  dec  aied  wa  ,  the 
practice  of  the  British  was  such  as  to  prove,  that  the  c  ar,    on 
their  part  was  a  mere  pretext  to  take  our  sailors      In  t  uth,  I 
beUev^!    f  the  administration  have  not  deceived  themselves  on 
u!i^  subject!  that  they  have  attempted  a  gross  deception  on  the 

^"rie'  instructions  given  at  this  day,  by  the  British  admiralty 
to  a  naval  commander,  on  this  subject,  dncC.s  hun,  '   when  he 
neets  with  any  foreign  ship  or  vessel,  to  send  a  hcut.nar.c,  to 
nqtSe  whether  there  may  be  on  board  of  her,  any  .eamen 
who  are  the  .^nl^Jects  of  his  majesty;  and  if  there  be    to  de- 
mand them,  ttrovided  it  does  not  distress  the  aln/i  :  he  is  to  de- 
mand thei  •  wages  up  to  the  day  ;  but  he  is  to  do  this  without 
detaining  the  vessel  longer  than  shall  be  necessary,  or  ofFcnng 
fny  3nce  to,  or  in  any  way  ill-treating  the  master  or  his 
crew"     Mr.  Monroe  may  perhaps  recognize  m  this,  the  in- 
stvuctions  shown  to  him  after  his  arrangement,  and  of  which 
he  declared  himself  satisfied ;  but  whether  he  does  or  not,  it 
Sfust  be  conceded,  that  it  provides  for  a  moderate  exercise  of 
Mie  right.    The  person  who  is  to  make  the  search,  is  an  office;. 


i     ! 


\ 


I 


ao 

q|  ftonio  •tantling ;  he  i»  onljr  to  take  ■eatneti  who  are  Orhiftit 
aubjflcu,  excluding  thereby,  not  merely  our  citizens,  but  all 
forcinncru  j  artd  he  is  not  to  take  even  British  teamen,  it  by  it 
he.  destroys  the  trcw,  or  cndangerti  the  vcitbcl.  Allowing  the 
right  to  exist,  it  is  difRcult  more  fairly  to  regulate  iu  exercise. 
Hut  it  may  Ije  utf^cd,  that  the  practice  ol  the  British  com- 
manders docH  not  coiicsp<»nr  .vith  these  instructions  i  that  they 
search  and  seize  at  large  according  to  their  will  and  pleasure. 
I  know,  Sir,  tliHi  tlic  habits  and  education  ol  a  military  man,  not 
unlrotjucntly  make  him  act  as  if  power  and  right  meant  the 
Hamc  thing :  and  I  therefore  have  no  doubt  that  there  have 
been  iilmscs.  But  I  do  motJt  conscientiously  believe,  that  these 
nliuscs  hiive  been  greatly  magnified,  and  are,  even  by  the  well 
meaning,  vastly  overrated.  1  am  aware,  that  1  shall  be  refer- 
red to  the  imprtHHiuent  document  ol  last  session.  This  docu- 
ment, Sir,  is  so  illy  u-uleratood,  and  has  been  the  source  of  so 
much  misrepresentation,  that  1  must  be  allowed  slightly  to  re- 
view it. 

The  Secretary  in  the  report  «iiys,  that  the  list  transmitted, 
hH<l  bit  n  received  from  ouv  agent  at   London,  and   "  contains 
the  n;»mrs  of  American  seamen  and  ciijzcns  w/io  have  been  im- 
ftrnmnd  and  hdil  tn   6on(/utfc  in  hi»   liritannic  majeaty'n  uJii/ta  of 
wnryfor  thenrvna/  ijuuriem  of  l«oy  and  18 lO." — The  list  is 
hr.ndcd,  •«  A   return  or    list  of  American   seamen  and  citizens, 
who  huvc  l)»en  impressed  and  held  on  board  of  his  Biiunnic 
majesty's  sliipB  of  wur,  from  Isi  of  April  to  the  3wth  of  June, 
ini  iusively,"    and   so  of  the  other   quarters.     Now   the  plam 
meaning  ol  Huh  in,  if  any  meaning  u  has,   that  the  persons 
whn»<;  names  were  tlius  sent  to  us,  were  impressed  and  made 
to  serve  on  bounl  Uritish  armed  ships,  at  some  period  h\  the 
years   l8oy   ami  1«I0.     Indeed,  this  bus  been  so  stated  in  this 
liouNC,  and  in  the  administration  prims.  And  yet  the  most  super- 
fioial  examination  will  show,  that  this  is  not  true.     Let  me 
rcail  lo  you  one  or  two  names  :  »»  4868.  Uavid  Wiley  "     In  the 
<  olun\n  of  the   "  re  suit  of  applicauons  and  reuiiiiks,"  we  have 
this   explanation  of  his  case — "  Impressed  on  shore  at  New 
nrunswick,  and  taken  on  boai-d  the  Plumper,  was  dciuined  two 
daijty  when  the  commander  put  him  on  board  a  vessel  bound 
tfl  AlHJi'dccn,  from  thence  worked  his  passage  to  London,  and 
appeared  ui  this  oflfice   2»;A   .iugmt^    16U5  i   is   evidcnuy   an 
Anu  lican.     Discharged."     Here  then  we  have  a  man  who  was 
not  CA\  IhhuxI  a  British  ship  in  180ii,  and  whose  '•  bondage"  did 
not  prol>al)!y  continue  more  than  two  days. 

Ajjam  "  4y;J6.  Kiclurd  Builcr,  representing  himself  of  Pe- 
wrsburgh,  l»cnn.  Impressed  in  ir:>7  at  U>e  Cape  of  Good 
Hvn>e.  f\  om  the  Mercury  of  Baltimore,  and  detained  on  board 
The  Garland."  Rvmark.  '•  Kcuuincd  on  board  the  Garland 
/tjo  »;«5K.A,<,  then  drafted  to  tlie  Tremendous,  in  which  he  serv- 
eti  rci  crt/i  en  half  yt^arf^  «as  t.en  dikcharged  ;  htis  never  re- 
ceived his  wag^sor  piiic-moncy  i  s^ys  he  was  well  used  on  board 


.,^^ 


ax 

I     L-  iv,.o  .titrharred  an  an  American  citizen  at  tht  i'<//»» 

<l/  ^'7''-^°J;VaDc  f)rsch*irgcil.'*  This  man,  therefore,  ac 
""?  .  to  tL  HUtcment  ot  our  consul,  »u  fur  from  huvi.nc 
cording  to  the  ^'-f^^/^f."'       board  a  BrilUh  ship  in  i80»,  had 

been  imprcsscc  ?^"JJ'J*^^^"'^°S  m  1799.  I  might,  Sir, 
been  unprcHsed  '"797,  and  J.^^^^^^^^^^^^  ^^^  ^^^^^^    »^  ^^^^. 

give  you  "'''"y^^^^f  ^;*",H?en  or  mistake,   the  document  is 

t  ili^^^r  :!;U^;^  r  rr  Io^L  Ite  of  the  British 
practice  J" '^ose  X^^^^  ^^,y^         ^^tc  than  the  return  of  the 

'"    'of  nersls  who  wUhinfhe  year,  had  applied  to  Mr.  Ly- 
names  of  persons  wuo,  w  i  ^       ^     protections  against 

^an,  our  consul  and  ^K*"\J^^  ^^^^^^^.^  j,,  J  present,  impress- 
future,  or  for  hi'^  ^^'d  m  getting  .^  ^k  ^^^^  ^.^  .^^^^^ 

nient.    It  >yas  J"  diU^  ^s^  do  n  t  ^^^^^^^      ,^  j^y  „,e^ 

est,  to  receive  all  aP^  ^.f  °"*' ^^.^      jcw  and  Greek,  Turk  and 
before  the  proper  B>  uish  '',^;»\°'^"y'  ./^d*he  produce  of  other 

Christian,  tj;e  H^-J^VlXerup^^^^^  -^  ^^^  '^^^l'.' 

cou..tries,allth  ewthrmsuve  .i^i^enship,  or  made  hts 

I  have  no  objection  tohsm^^^^^^^^^  ^^^^  ^^^^.^.^^  „^. 

••'•     ^"'i  true  htstory   of  British  impressments  affecting  our 

uon,  as  a  t^"^^^"*°/\.  '      you  lopk  at  this  list.     In  the  year 
people  *d  nauon.    I  p^you     P  .^^  ^^^^^^  ^^^^ 

commencing  inApn,   i809^     ^^^^^  ^^B^^  ^^^^  ^^,^  given  with 

have  about  940  p^"^®**'  *""  ,.     „  ._^„s  -nd  states  of  which  they 
blanks  in  the  co^^umns  for  ^^^^^^^^  impressed;'- 

represent   themse  yes  to  taken"—"  nations"— 

"  where  ^^P''^-^^'^  ~f  ^.^ T  result  of  the  application  are 
a  masters.  -J^e  Ume  *»a  ^^  ^  ^^^.^  book,  you 

too  much.  examined  the  list  from  April,  1809,  to 

f :.;rr".l^n;i';r  r'o^^it  i«n^e.,t,,  Which  ..V  c.« 


1 


>S£ 


\r 


h 


rt 


I  ) 


uomc  light  on  the  ftubjcct  of  the  British  pmcticc.  The  numbet- 
vrhich  by  the  list  appears  to  have  b«cn  iuiprcascd  in  ihat  year  is 
one  hundred.  It  will  be  undcrntoud,  that  in  this  number  I  do  not 
include  those  whose  nnmes  urc  curried  out  in  blank  as  has  been 
Slated.  It  is  uiiccriuin  whether  such  persons  ever  were  im- 
pressed, and  at  all  events,  it  is  fair  to  presume,  that  their  ser- 
vice on  board  Bii  ish  ships  had  commenced  before  1809,  or 
otherwise  there  could  be  no  difficulty  in  Riving  dates.  Of  tho 
100,  soventy-six  were  discharged,  and  six  hud  deserted,  leavfng 
lesH  than  twenty  to  be  accounted  for  Another  result.  Of  the 
persons  thus  taken,  57  were  impressed  on  shore  and  43  at  sea. 
Again — 30  of  these  seamen,  when  impressed,  made  part  of  the 
crews  of  British  vessels,  and  34,  American  vessels,  and  of  tho 
34,  twelve  were  taken  on  land,  leaving  but  about  23  persons  ta- 
ken from  American  vessels  on  the  high  seas  It  is  possiljle, 
Sir,  that  in  these  statements  I  may  not  be  perfectly  accurate ; 
I  am  certain,  however,  that  I  am  substantially  so. 

I  do  not  mean  to  represent  that  this  is  a  full  account  of  all  the 
impressments  which  took  place  in  1809  ;  on  the  contrary,  I  ad- 
mit tha*  it  is  not.  Many  impressments  were  certainly  made,  of 
persons  undeniably  British  subjects,  who  would  scarcely  think 
of  applying  to  Mr.  Lyman,  and  will  not  therefore  be  found  in 
his  book.  Many  persons  also  having  a  right  to  his  interference, 
were  not  then  known  to  him  My  object  in  making  these  ex- 
planations, was  to  show  that  the  6,  0,  5,  7  document  does  not  fur- 
nish such  strong  evidence  of  British  aggression  as  has  been  sup- 
posed. 

The  nunnber  of  our  seamen  impressed  by  the  British,  has 
been  so  variously  represented,  that  I  have,  from  motives  of  cu- 
riosity  as  well  as  duty,  been  desirous  to  arrive  at  somethinjv 
like  a  reasonable  certainty  on  the  subject.     We  hear  of  ten, 
twenty,  nay,  forty  thousand  of  our  citizens,  confined  in  the  float- 
ing dungeons  of  Great-Britain,  fighting  her  battles  against  their 
will     The  evidence  of  this,  however,  is  only  to  be  found  in  the 
imagination  of  gentlemen.     It  is  the  old  story  over  again  of  the 
six  nien  in  Buckram.     In  part  representing  the  greatest  com 
mcrcial  state  in  the  union,  it  may  be  expected  that  I  have  some 
personal  knowledge  on  this  subject,  but  indeed  I  have  none 
such  to  give.     Is  there  not  in  this  some  proof  that  the  evil  has 
been  magnified  ?     I  have  sought  for  information,  in  quarters 
where  only  it  is  to  be  found,  among  the  shipping  merchants  and 
ship  owners  of  the  country.     I  will  now  furnish  you  with  the 
opinion  of  an  intelligent  gentleman  from  Marblehead,  whose 
means  of  information  is  ample,  and  whose  veracity  will  not  be 
doubled.     I  mean  my  friend  from  Massachusetts,  who  sits  be- 
fore me,  (Mr,  Reed.)     He  has  favoured  me  with  this  state- 
ment. 

"  In  answer  to  your  iniquiry,  relative  to  the  seamen  of  Mar- 
blehead, I  have  to  remark,  that  the  average  shipping  of  that 
port  f©r  the  last  twenty  years,  may  be  estimated  at  about  }9uQ6., 


H 


"^ 


39 

in  fore  trn  commerce,  and  tlu",  residue  m  mc  m 

the  UHUul  cslimale.  it  ijivcH  a.,  uvciugc  "    '  J"^^         of  seamen 
;*ncl  «U0  in  our  foreign  tnulc  each  V'^f  V  ^  'J  ""r^'^^Jcniy  years, 

therefore  employed  fr<>n»  ^^-^'''«'hJ,';;' l'^'  ^^^^VveUS      th. 
must  have  been  considerable,  nay  50  K)      I   have  rc^i  •«  « 

p  ce  nearly  twenty  yearn,  and  duru.g  ^»'«  KJ^^*^^'  » .''^X^*'  ° 
lime,  have  been  actively  engaged  "»  ^onunerce.  )^J^«'^^^'\';;,\ 
my  own  recollection,  al.led  by  thnt  of  otbcrn  who  have  t  c  be  t 
n^eans  of  information,  I  do  not  bcbeve  ''f^  *  ^^"'y  7,,;;;;«,"d 
men  of  Marblehead,  native  or  "^tiiraluec,  have  been  .mp.c^ec 
by  the  UritUh  within  the  twenty  year*,  and  it  i»  not  known 
Jnc  ha»  been  demanded  without  »><=»"«  velcaned 

As  there  is  no  reason  to  suppose,  that  ^''^V;'*'''^,  *;;*,„-.. 

more  fortunate  with  respect  to  i^P^*^'*''?^""^^  ^^J"  ^^.e  ofihl 
we  have  here  --ethin.,  whereby  to    orm  an  .sum^^^^ 

number  of  our  seamen  taken  by  the  "'""'^•,  .'j  .  „.,,  ^y  Uio 
Uonis,that  the  America.,  seamen  |mprescam^^^^^^^^         t^_ 
British,  at  the  comniencement  of  this  wai,    ua  no 
ceed  5^0  in  all,  and  certainly  dul  ""[.^^X  /:„^^  lovu  ly  oa 
me.  Sir,  to  mention  one  cttTumstance  wlud   speaks  »        y 

vrar  is  confessedly  odious  there.    It  is  m  states  wuc 
^:;;^^^that   hew.l^iu.ron.e^^^ 

that  you  pnnc.pally  find  the  ^>^^^  P^^^'^^j^  sympathies  airl  pas- 
and  hear  the  loud  and  long  "^PPf^'^ '°  ,  ^ J^^icn's  injufies. 
sions  of  the  people  about  seamen  s  "S"^"'  *f,,,btect  of  impress- 
One  inqufry  more,  Mr.  Chairman,  ^J^^  ^^^  '^Jj^^.^swat^^es- 
mcnt,  and  I  have  done  with  it.  ' ''f  .f^,'^'^^''^  ,,,^i,»uance  of  the 
sacc,  says,  that  no  pretext  should  be  lett  "^  *.^"""^^^  ^f  the 

p'ac  ice!  ''  the  British  government  ^^^ .  ^"/^'"^^^^^^^ 
Ldinessof  the  UnUedSutcs  to  enter  in^^^  ^^ 

as  could   nox  be  rejected,    f  Sj.^^J^/^J^^^y.^eUn  passed  with- 
were  the  real  and  sole  object.  /  "^  *;°'^^^^  are  more  direct 

out  effect."   The  committee  °f  f  «»:^^^K" '^;^!;°  '.^ent)  is  the  more 
still :  «  Its  <^0""nuance  (the  prac   ce  of  imp  cssm      ;^^^^^^ 

unjustifiable,  because  the  United  ^^^^^^  ,'*'^_'  \vhich  would 
^oied  to  the  British  government  an  a  rangement  >U^^.^^^  ^^ 

secure  to  it  the  control  of  its  own  P^^P'^;^  ^"^  oppression, 
the  citizens  of  the  United  States  ^l^^^l'^'l^^fZ^.j^  \n  these 
and  their  flag  from  violation,  is  '^  ^  ^^cy^  ^^^^^  Xt  reasonable  of- 
passages  we  have  two  ^^J^V'^uS  cult  a^  delicate  subject  have 
iers  for  an  adjustment  of  this  d'tt^^^^^'^^f^'l  ,^^^^^^  the  admlnis- 
bt)en  proffered  by  the  ro^ci anient,  m«?.ninf;  suieiy 


r---^ 


ftt 


nution  which  commenced,  mul  are  willin(;  tu  carry  on^  the  wur 


Lj 


K 


this 


(I  thul  llic  Uriti^h 


;nt 


lill  liiltCI 


UCCUI'I 


•crvicc 


:ouiil ; 
tn  no  termA,  hov 
of  its  own  aeamen :  Is  ull  this  tnie  t 

Is  it  true  that  the  present  executive  has  attempted  tu  ncgn- 
ciuto  with  Ctrcat-Hritiun  on  this  subject;  that  he  han  cummuiii* 
catcd  to  thti  Uriliiih  government  his  wiilinjj^ncsH  and  his  wish  to 
come  to  an  urrant^cmcnt,  which,  while  it  ufTordcd  safety  to  our 
■enmcn,  wo»iUI  secure  to  thnt  toimtry  the  »civic(  nof  its  seamen  i 
What  has  been  done-  by  him  is  soon  told,  undouv^ht  to  be  known. 
The  only  measure  which  has  come  before  the  public,  hiokiuK  to* 
wards  an  acrotimtodution,  by  him,  is  to  be  I'uund  in  the  letter  t'roiu 
Secretary  Smith  to  Mc.  I'inrkncy,  of  the  'ioth  January,  1810, 
in  which  the  latter  is   directed  to  rcsuntu  the  negoriation   with 
the  Hritish  jjjovernmcnt,  under  the  power  which  had  been  given 
to  Mr.  Monroe  and  himitelf.     In  bin  discusinons,  he  was  to  bo 
regulated  by  the  instructions  which  had  been  given  to  them. 
It  Is  added,  "  it  i«  however  not  inttndetl^  that  yon  thould  com- 
mence thia  negociaiion^  unlit  the  nqiiinite  mli»/aciion  nhall  have 
been  made  in  the  affair  of  the  Chraafieake."     The  afTair  of  tho 
Chesapeake,  wo  all  know,  was  not  settled    until  within  a  short 
time  before  the  war  was  declared,  and  long  after  the  return  of 
Mr.  Pinckncy  to  this  country.  It  follows  thai  Mr.  Pincknuy  could 
not,  as  moftt  certainly  he  did  nut,  oonimencc,  a  negociation.    No 
terms  have  been  offered,  no  arrangement  has  been  attempted  to 
be  effected,  by  the  present  executive.  He  cannot  say  hii>  *' com- 
munications  passed  without  efl'ect,"  as  in  fart  he  made  none. 
And  yet  by  him  wc  are  carried  into  a  war  on  this  account. 

The  President  may,  however,  deem  his  administration  so 
far  idcniificd  with  that  of  hia  immediate  predecessor,  as  to  en- 
title hiin  to  the  benefit  of  the  offers  formerly  made  He  it  so. 
We  will  then  examine  the  sum  and  value  of  the  propositions  of 
Mr.  Jefferson.  The  instructions  to  Messrs.  Monroe  and  Pinck- 
ney,  are  to  be  found  in  a  letter  to  tliem  from  Mr.  Madison,  then 
Secretary  of  State,  of  the  17th  of  May,  1806,  in  which  they  arc 
referred  to  the  instructions  to  Mr.  Monroe,  of  the  5th  of  Janua- 
ry, 1804,  as  applicable  ton  great  proportion  of  the  matters  com- 
mitted to  their  joint  negociation,  and  as  their  guide,  in  the  in-^ 
structions  therefore  cf  18()4,  we  arc  to  find  the  arrangement 
"  repeatedly  proposed  to  the  British  government,"—*'  wliich 
would  secure  to  it  the  control  of  its  own  people." 

The  instructions  of  January  5,  I804,  were  also  drawn  by  Mr. 
Madison,  in  his  capacity  of  Secretary  of  State,  and  contain  the 
plan  of  a  convention  on  the  subject  of  seamen,  with  son»e  other 
rnatters,  giving  the  proposal  and  the  ultimaium.  The  first  arti- 
cle provides,  that  no  person  shall  be  demanded  or  taken  at  sea, 
out  of  a  ship  of  one  nation,  by  the  armed  ships  of  the  other,  un- 
less he  is  liable  to  be  so  taken  according  to  the  laws  of  nations ; 
and  not  then,  if  he  makes  part  of  the  crew.  In  the  observations 
on  the  plan,  Mr.  Madison  asserts,  and  reasons  on,  the  right  of 
flag,  and  the  article  is  drawn  with  a  view  to  o\ir  claim,  and  to  pre- 


r-^ 


fr 


86 

-*«♦  «c»rch  and  tc.xure  ui  ^ca-     »  "'   .1"  crtliitt  from  » vcw»el, 
making  ,,.«..( Ihc"'*  "''^„'    "wi  ii  il.  .>ti.c.,.  or  .uhjcct. 

veniio.  wl'ich  rcluic  to  "«''«"'="•„,;"  ,Ja  lu  h»ve  been  repeat- 
r    .«  if  iiiiv  where,  iWe  arrauKcnieni  taiu  i  examine 

did  it  secure  to  LnKiaua  "'»- 

covcrv  of  lt»  own  subjcctn .  acainnt  the  employ  "><="^  o» 

In  this  plun  wc  find  no  P^-^^''^ .^i-^'Jiready  in  U'*^  ^"""^'"y 
Br    sh.camen.  even  deserter..    1^^^^^^^^^      J,„  n.ight.ubs.- 

niKht  plainly  B^i'^^*?"";  »';  e';afc  when  our  lUg  h»>ouIcI  be 
uucntly  reach  our  shores,  w*'^**;  -^  ^  nue,  were  to  be 
wuv  n«  over  their  heads.  ,  »"*"«;  ^hen  they  were  on  the 
Jiven  up  ;  but  how  could  this  »'«  ^«  ^jj,  j  The  convention. 
5  Ih  *caV  or  httd  embarked  in  f^rc-'gn  voyagv  toGrcat^ 

KaS  the  service  of  h'^.^''^^'^:  '^, 'nt  w^^^^^  li*^^"  ^«  "°>'^'"'?: 
.  U  tru.  that  the  British  80v«'  »  "*:"J^J^^  .^^^^ct  ?  i>ir,  »t  i» 
that  hey  have  refused  to  '»*^g«^^f  ^.;'\'  Mr  King,  of  the  5Tth 
not  tru7  Lord  Grenvillc,  in  his  l^J^^^^^^J'J^ed,  uses  thene  ex- 
ot  Marck,  1797,  which  ^huve  already  mc„^^^^^^^  ,^^  ^i^vious  and 
nrcssions^''  If  it  were  possible  at  o"^J^  ";  ^n  is  really  a 

?,  d  sTut^e  n»oJ«  "f  '^''^«'-^'^'V^"S  ^hah^;.^'„„  of  the  United 

most  expeditious,  and  most  '^^^l^^"''^  "^^  of  American 

r    tionstoouract  f°^  ^^^  J^f  ,  e^'i^  »X*» 

seimen,  he  goes  on  to  say ,  ^^-^^^^^l^,  ,„  candid  mind  can  d; 

stated,  the  force  «» ;»'^^' J^^  ^.J^o}  declining,  on  the  V^^^Jl^^ 
«iiic   1  am  under  the  ncctssuy  «  nronos  lions  contamto  m 

mlicBtv's  Kovcrnmcnt,  to  accede  to  ^^e  P^^P«     ,      j,,,  ,rable  to 
1^;,    tVe?.     If->-,^'-^  PSra  wi  h  canlur'and  liberality, 
^objection,  they  wdl  be  ^^^^fj and  delicate  a  *-;«''-';, '''^; 
Jt%  not  cx/iected,  that  on  '''>J'£["" r,,^ard,  nvhoHy  fr^c  Jrom 
ranitcmenta  can  at  once  be  ^'■''"fj; /"  ^e  necessity  ot  frequent 

an,  1  «-aiiiiv.v  unDortanci/ 01  w»^     .  j         ^       .  j. 


^ 


;jE1.-»-*-*E^„ 


*ffmumm.'-m-~ 


36 

tion  of  nomc  ncttluioii  wbitli  would  un«»i«l  nctuiHy  !•• 
cm  h  A  dUtlnci  tVOWikl  U  iwidc,  ihat  lh«  Hiiti»li  Rovrrnmwu  • 
do  not  wttiu  our  tcimcn,  If  the*  tun  »h;  Icfi  in  |»o»»e»»lou  of  ih«lr 
own.  And  «  ■UKgettiion  i»  uddtd,  thtit  «  perftct  ■rraiiK«n)«iU 
it  not  to  be  expected  on  ihc  fii^t  aiiiiini.t.  Dlfl\n«Uiv»  wiH 
arlic  in  pr«ciicc  In  wiy  Hctilemfiit  ol  ihii»  mi<iincs».  All  thut 
ii  wuntcd  in  a  point  to  »t»n  from,  nnd  a  diiponltlon  in  both  jjov- 
crnnicnt!!  to  deal  l»irly  uiid  junily  I  am  m)t  afraid  to  insert, 
tliatiflhcurrangcmenlof  Mcs»i«.  Monroe  and  I'intkncy.in  1806, 
hud  btcn  adopted  wiih  tld»  aplrll,  we  thould  now  have  thoughts 
of  imprckiiniciiu  merely  us  an  evil  which  once  exiatod 

But,  Mr  Cli.ininan,  to  cotue  nearer  to  tlic  prcaent  timea.  In 
the  letter  from  Measra.  Monroe  and  Plnckn^y  to  Mr.  Madiaon, 
of  the  Mlh  of  September,  lUUfl,  It  U  stated  that  the  Uritiah  com- 
jwiasionera  firrnned  with  much  zeal  "  a  piovixion,  that  the 
persona,  composing  the  crewa  of  auch  ahips,  should  be  furnish- 
rd  with  uulhentic  doctunrntH  of  cilizcnuliip,  the  nature  and 
Jorm  of  wliich  should  be  «itl«d  by  treaty;  thut  these  docu- 
ments, should  tomplctcly  i)i(ii<  1 1  those  to  whom  they  related  ; 
but  thut,  subject  to  such  protections,  the  ships  of  wur  of  Grcal- 
Britaiu  should  continue  to  viiit  and  impiess  on  the  muin  occuu 
as  heretofore."    Thi:i  provision  was  rejected  by  our  mtniaterti. 

1  will  not  say  that  sui  h  u  rc^ulution  ought  to  have  been  adopt- 
ed ;  but  1  will  say,  that  the  proposition  proves,  that  the  English 
ffovernment  was  anxious  to  adjust  this  eliflercncc  j  and  it  proves 
lurthcr,  thill  the  great  object  of  the  Uiitish  was  the  recovery  of 
their  own  citizetis. 

The  letter  of  the  1  ltl»Nnvenibcr,  180ft,  from  Messrs.  Monroe 
and  I'inckncy  to  Mr.  Madison,  yivcs  the  history  of  the  negociu- 
tion  which  led  to  the  celebrated  urrungcment.  Permit  me  to 
furnish  you  with  one  or  two  extracts  from  the  letter,  explana- 
tory of  the  views  untl  feelings  of  the  Uritihli  government.  "  At  < 
our  meeting  the  next  day,  tl)c  Uritish  commissioners  stated  ex- 
plicitly, but  in  a  very  conciliatory  manner,  that  it  wan  not  in 
ihtir  /lower  to  adv/it  an  article  in  the  n/iirit  o/  our  /iroject  ;  that 
the  board  of  udmirully  ha<l  been  consulted  on  the  subject,  as  had 
also  been  the  crown  officers  in  Doctors'  Comnums,  who  united 
ull,  without  exception,  in  the  opinion,  thut  the  right  of  their 
government  in  the  case  in  nueslion  was  well  founded,  and  ought 
not  to  be  relinquished.  Thry  added,  that,  under  nuch  circumstan- 
I  r.-),  the  relinquinhment  of  it  was  a  vnasure  which  the  jfovern- 
vicnt  could  not  adojit,  without  taking  u/ion  itnelf  a  rea/ion«ibi/itij 
ii'liich  no  ministry  would  be  willintf  to  meet,  however  /irrsning'  thti 
tnnetf^ency  miffht  be.  They  presented  to  tis,  at  the  same  time,  u 
counter  project,  which  they  inlitnalcd  they  did  in  obedience  to 
the  instructiotis  from  their  government.  The  Dritish  commis- 
sioners, after  supporting  with  great  force,  but  with  candour,  the 
claim  of  their  jjuvernment,  assured  us  that  it  was  willing  to  do 
any  thing  in  itn  /lowrr,  to  HatinJ'y  the  United  iitates  on  the  ground 
of  comfiUtint,  vjMch  nv'jlit  be  done  without  a  nimqiiiahment  oj' 
their  claim," 


A 
II 

.k 
\ 
r 
< 
t 


\1 


rs.._i-i; 


a? 

•!.•  .mount  of  .hU  lnfor«itlW«  U,  ^^.t  owlnr  to  ih.  ^^^^^^^ 

4bttr»cti  but  that  every il.u»K  "''f » «'«  "  .  '..r.hc  riirhi,  but* 
Wi  wi  not  to  look  for  .  rur,n.   -'rreod  t  «  r^^.^,^  ^^  ^ 

regulation  of  the  nnicticc  uodc.    t    J^^'^'J  J^'j,;'  '.  uni!«rtlo«d 
a«clirutlott  of  the  Vox  nud  (irenvil  c  "  '""  [^if' ,*(,„try .     Sir.  I 

to  h.ve  been  mo.t  tair  .ud  mon  frieujUy  to  J^  "^"yji^^.^i 

am  «U.ft«l,  «.ul  .0  1  urn  ««re  «••«  M-  ;;V  '^  ,t:  by  .r.u«K«. 
.ration,  that  If  thU  .ubjert  i»  ever  ""^^  '  "u  "\„  u.c  rw\M' 
,„c„t,  to  prevent  Injur  c.  to  the  7";^^"'\\  t*  2.  cUnn 'a  o.» 
m«nt  .nd  impreaabj  of  •---;;  "^^^^^  with  (Ire.t- 

both  »Ulc»  untouched.  Any  '»»^*^'"l';  *' "  «,  ^,  ..i^i,,,,  u  to  my 
Urltuin,  on  the  ^rouud  of  an  '',»»-"''""^*;;  '  .,J:u,  radnUnlatr.. 
mind  perfectly  hopelc.»  :  an.1  a-  Iour  a»     hn^  '  ^^^j^^^,^ 

twn  luVuth.^  on  ihU  aa  ^^''^'jl'^/^'f  \';;ar;.!  'o^contlnuc  the  war. 
ihat  it  la  "  wuhln  the  acopc  of  their  iwlicy 
and  to  make  U  Intcrmlimblc.  .     r  November,  ro  on  to 

Our  mlnUtera, In  .heir  l^^^l^^l^^'  co„mi£nera  communl- 
itate,  that  ut  their  rc^ucatthc  Urlttih  com  mi"  ^^^^ 

cateitothem  a  note,  which  -^Vrt^Tr/n,  tlmt  th?  BrltUh 
racter  to  the  VrT'Tf;,  U  Jlf  n  elred  to\rudaim  or  dero^utc 
I'overnmcnt  "  had  not  kit  il»cii  P'   P;f  "   i„ttiul  ccnnally  nam- 
Lma  right  which  ha.  ^'''^rV^h  ^  hc^u  lu    » ^he^BritUh 
Uincd,  und  in  the  exercise  of  ^''''"l^^'l'.^^eSfy/u,  ucon^ 
„uvy  maybe  e.Hentially  mvolved  ^  "  ««•; '^^  «>»  ^»^«  '^^'-'=''- 
lurc  when  they  were  engaged  lu  ^«  '  r'^^^.^J^r^ation  mxA  »up- 
9ity  of  the  mo»t  vigilant  attention  to  ^^«'.,  P'^*'^^^  ,„,  m.  majr,. 

pi    of  the  naval  '"'-^f  !';,„^'y«!;:T/,.'^';  to  remove  every 
},/»  govfrmenl,  actuated  by  an  ear  n,i  «  commhiioncr, 

to  give  to  Mr.  Monroe  and  Mr  fj"^"'^^  ^^^  ^,„u  be  refieat- 
Hurance,,thut  instruction,  f*^^' ^''"/J^^l  ,te.t  caution  in 
fd,and  enforced Jor  the  ''''''''''"'' f.  .^J^f^e  ffreatent  care 
,ne  i.,re..in,  of  ''-•''- '///X'^,::'^ /a';  ir«t./.V.«r..  from 
.halt  be  taken  to  /.rr..rv  ^/^^J  '  Jj;"  i^'nicdiatc  and  prompt  rc 
ony  molestation  or  injury  t  ^"''  ^  ,' "  -entalion  of  injury  »U8- 
Uress  5h»ll  be  afforded  upon  any  '^P^^^^Xrs  maclc  by  the 
laincd  by  them."  S.r,  thi»  "^^^j.  ""^^';;"  "  „u,  ncgocialor., 
BritiHh  comn,i»»ioncr.,  >vcrc   sat  slacory    to  h^^  ^^^_ 

unci  an  arrangement  ^va»  according  yjgccd  upon   ^^  ^^^^  ^^^^^ 

rican  cabinet,  however,  rctused  »"  ^cc^P.  "^  ^        ,  ^,,e  door  on 
.nd  the  aftair  of  the  CheHapcaUe  noon  a  te,  cl^^^  ^^  ^^  .  ^_ 

„ny  further  discussim.     »"^  ""\'^'     ,„^^e   refused  to  treat  on 

;ir.S)e«:  of  ."nit  Kr  x'u  wou,a  .0,.. .  u  .h. 

the  merits  and  the  effect  «f  »  J^ '^"^"J^e^cnt  to  it,  but  ii  is  not 


^  iniii    ,m      III    I  II  l»'  — 


38 


t 

,1 


^'. 


Jkvvc  expressed  ihcinselves  whh  great  clcarncba  and  uflcisioii 
In  the  letter  of  November,  they  say,  "  When  wc  take  into  view 
all  that  has  passed  on  the  subject,  wc  arc  lat  from  considering 
the  note  of  the  British  commissioners  as  a  meie  circumslanco 
of  form.     Wc  persuade  ourselves,  that  by  accepting  the  invita- 
tion which  it  Rives,  and  proceeding  in  tlie  negociation,  wc  shall 
place  Uw  bxmnens  almost,  if  not  altogether,  on  as  good  ajootmg 
as  we  should  have  done  by  treaty,  had  the  fir  ■ret  which  we  oj- 
fered  them  been  accrfited,—it  merits  attention,  that  every  thins 
~isexhressed  in  it  that  could  be  desired,  exeefit   the  relinquish- 
ment of  the  f>rinciple  ;  that,  in  speaking  of  impressnienls,  the 
exercise  of  th  t  act  on  the  high  seas  is   not  mentioncii,  an 
omission  which  we  know  to  have  been  intentional.' 

And  in  their  letter  to  Mr.  Madison,  of  the  third  of  January, 
1807,  transmitting  the  treaty,  the  same  gentlemen  reler  to  tlic 
letter  of  November,  as  containing  their  opinion,  that  althougli 
the  Britibh  government  did  not  feel  itself  at  liberty  to  relin- 
quish  formally  by  treaty  its  claim  to  search  our  merchant  ves- 
sels for  British  seamen,  it^  practice  would  ne-oertheleaa  be  cs- 
.sentially,  if  not  com/iletely,  abandoned.     They  go  on  to  remarK, 
"  that  opinion  has  been  since  confirmed,  by  frequent  conlercn- 
^es  on  the  subject  vvitli  the  British  commissioners,  who  have 
repeatedly  assured  us,  that  in  their  judgment,  wc  were  made 
as  secure  against  the  exercise  of  their  pretension,  by  the  poli- 
cy which  their  government  had  adopted,  in  regard  to  that  very 
delicate  and  important  question,  as  we  could  have  been  made 
by  treaty.     It  is  proper  however  to  observe,  that  the  good  ettect 
of  this  disposition,  and  its  continuance,  may  (^  pend  in  a  great 
measure  on  the  means  which  may  be  taken  uy  the  congress 
hereafter,  to  check  desertion  from  the  British  service. 

You  will  scarcely  think  it  possible.  Sir,  that  evidence  can  be 
furnished,  which  will  more  strongly  negative  tlie  assertion,  that 
the  communications  to  the  British  government,  on  the  subject 
«f  impressment,  passed  without  effect ;  and  yet  such  evidence 
*loes  exist.     I  will  now  call  your  attention  to  the  letter  froni 
Mr.  Monroe  to  Mr.  Madison,  of  the  28th  February,  1808,  dated 
at  Richmond.     In  this  letter,  Mr.  Monroe  says,  "  the  idea  en- 
tertained by  the  public  is,  that  the  rights  of  the  United  htates 
svcrc  abandoned  by  the  American  commissioners,  m  the  late 
2>cgociation,  aiwl  that  their  seamen  were  left,  by  tacit  acquies- 
cence, if  not  by  formal  renunciation,  to  depend  lor  their  satety 
on  the  mercy  of  the  British  cruizers.     I  have,  on  the  contrary, 
always  believed,  and  still  do  believe,  that  the   ground  on  which 
that  interest  was  placed,  by  the  paper  ol  the  British  comnus- 
sioners  of  November  8th,  1806,  and  the  explanations  which  ac- 
companied  it,   was    both  honourable  and  advantageous  to   the 
United  States  ;  and  that  it  contained  a  concession  in  their  fa- 
vour,  on  the  part  of  Great-Britain,  on  the  great  principle  in 
contestation,  never  before  made,  by  a  formal  and  obligatory  act 
of  the  government,  which  was  highly  favourable  to  their  interest. 
In  a  subsequent  part  of  the  same  letter,  Mr.  Monroe,  spca,; 


^^ 


39 

^,,  of  the  uou.  una.  the  -^sj^.i:;/;^^^^^ 

seas,"  remarks,"  It  ^\""  '"  ^''^  ,V  P"n>ose 

been  omiued  inlcnUonally  with  om  ^  'ow«u'o  ^edihat  im- 

othdr  than  to  adu.  t  a  -""f  "<^^  ";"'  ^^'^  ^^/^V  do  not  ii.ean  to 
pre«smenls  should  b-  conhncd  to  the   lamj.^  1^       commis«ion- 

Lply  that  ".;- -^;-S^^^^^^  'Luion  the  practice  of 

crs  and  UB,  that  ,^'\^.\"'  "^^^^^  jmeav,  however,  dta- 

impressn.ent  on  the  high  seas  -^'^"K^^^^^^^  ,^^    '  ^tice  hcreto- 

uLuj  to.aie    tr\Sb:t  nZ«^^ 
tore  pursued  by  ^«*-^f  °"     .^^^  "7  ^^^le,  'the  obligation  of  that  pa- 
should  bo  uuvdc  on  the  '^'^^'^''''iT^^^^ 

per,  except  In  cases  o  an  ^^'^^^^"^^"^^^^"^id^  to  extcr.d." 

ral  prohibition  aKainst  a  c-^^^  J^^  ,,  ,hese  do- 

Again,  and  it  is  the  last  ^J'"''^^^'  •  ,      ^^ter  does  not  rc- 

Gumcnts,  not  because  "^"^^..J^^^^f ^t,  e^ubject.  Mr.  Mon- 
main,  but  because  lam  ^'^^"y,;  f"\?\v;  '  re,  therefore,  de- 

voe,  in  his  Richmond  etteMecl^^^^^^^ 

cidcdly  of  opmion,  Y'fJireLTento  ground  which  it  wasbotU 
pluced  the  interest  of  »'^P\^'^"";"o""  ^  to  admit ;  that,  in  short> 
lafe  and-honourable  for  the  Unutd  ^'^^^'  J  T^^^^  for  every 

uVc  their  governmen^^^^^^^ 

sr^ii^n'Sthe  --y -::^;,^i^fris 

acter  in  their  favour  on  the  K'-^^^^X^t  k  pia^d  them  on  moro 
ting  a  favourable  construction  °"f'j^^\'h?vh"diield  before  » 
elevated  ^vound  in  those  respect^^l^^^^^^^^^  had  ^^    ^.^^^^^^^ 

The  statements  thus  maac  oy  ^>*»- ^  ...    ^amiot  be  too 

establish  a  few  facts  ^^  K^'^^^VnTirreZte^l      KeptTonstant^  iiv 
generally  known  or  too  frequently  r^^^^^^^^^^^  j^^^^ 

Recollection,  and  ^PPlf^^^i^.^^^Ssh  government,  they  will 
been,  or  may  be.niade,  to  the  iJims     g  insincerity. 

show  the  ---"y;^B^5ti^tf  w^n^^^^^^^^^^^  on  the  subject  o£ 
They  prove  that  the  ^i"''^"  >  &.  ^j  ro^e  that  the 
seamen,  inasmuch  as  ^^^^V  ^^I^^^^'^tvi^  us  for  this  they  have 
British  will  come  to  an  ^^"^J^^g^^^Xiash  will  accede  to  proposi- 
offered.    And  they  prove  t»^^\ ^^^J^^"'J,7safe  and  honourable, 

tiotis  relating  to  ^}^r"""'^T.^.\^col^^^^^^^  this  we  arc  told 
and  therefore  ^^tistactory  to  this  counuy     t  ^  ^^^ 

they  did.    But  they  prove  also,  that  no  mini  I  ys      ^ 
openly  and  avowedly  relmqvush  the  right  ot  sea      ,  ,^,b^ 

nise,  to  the  extent  ^^^^.^^^^^^J^^  wa^  offei^d  to  be  so  regulate 
practice  may  be  «"  »'*^e^lated,  and  was  oti^  ^^  ^^  .^  ^ 

ed,  as  to  bring  the  claim  nto  disuse.     Ana  ^^.^.^^^^. 

dispositions,  and  not  till  then  „,,ie  by  ISIessr... 

From  the  ume  I  i^»^t  sa  w  tne  ai  at  ncgociation, 


..„, 


y 


it 


/v 


•»  >        m 


{ w  \ 


'■    i- 


I    I. 


J/0  ^^^ 


V 


2-  g  ^  ^  / 


40 

that  the  subject  cl  scamci.  was  placed  l,y  thcin  on  ir  safe  uuti 
nroper  footing.     And  it  has  alwnys  been  with  mc,  Icchng  as  I 
do  for  seamen  and  their  rights,  a  matter  of  Rtcat  regret,  that 
the  arrangement  was  not  agreed  to  here.     A  short  cxpen.ficc 
would  have  satisfied  us  as  to  its  practical  opci-ation.     11  by  it 
our  sailors  were  protected,  a  great  good  would  have  been  gam- 
ed     If  otherwise,  our  claim  ior  other  terms  could  not   have 
been  resisted.     The  gentlemen,  however,  who  negociaied  the 
arrangement,  have  changed  characters,  and  with  it,  it  would 
seem,  their  views.    They  now  make  a  part  of  the  administra- 
tion, and  as  such,  feel  themselves  authorized  to  say,  that  the 
British  Government  have  refused  to  settle  the  difference  on 
suitable  terms.     They  advised  war,  and  require  its  contmuanco 
on  this  account.  I  am  not  to  doubt,  that  some  new  light  has  led  to 
this  course  ;  and  it  is  possible,  that  with  means  of  information,    ^ 
I  may  be  induced  to  give  up  my  opinion  also.  As  yet,  however,  i    . 
have  seen  nothing  which  destroys  the  force  of  their  reasoning. 

I  have  now,  Sir,  finished  the  remarks  which  1  intended  to 
make  on  the  British  claim  and  practice  of  impressment.     V\  c 
have  for  years  past  had  so  much  idle  declamation  on  the  sub- 
ject,   that  a  dis^assionate  investigation  of  it  appeared  to  mc 
ro  be  called  for.     In  the  course  of  these  reirurks,  I  have  at- 
tempted to  show  that  the  claim  was  neither  no^el  nor  peculiar, 
and  that  it  is  not  m  .oily  unsupported  by  reason  ;  that  our  true 
interest  calls  more  for  a  fair  regulation  of  the  practice  than  an 
abandonment  of  the  rights,  and  that  the  conduct  of  the  British 
of  late,  has  been  such  as  to  warrant  an  opmion,  that  an  arrange- 
ment may  be  made,  having  ior  its  object  a  proper  Regulation  of 
the  practice,  leaving  the  rights  of  both  nations,  whatever  they 
may  be,  untouched.     Sir,  with  this  view  ol  the  svibject,  it  is 
not   possible  for  me  to  consent  to  the  adoption  of  measures, 
having  for  their  object  the  further  prosecution  of  the  war  often- 
sivcly  on  our  part ;  and  I  cannot  therefore  vote  for  the  bill  on 
your  tabic.     The  war  has  not  yet  assumed  a  character.     We 
have  indeed  added  much,  and  are  about  to  add  more,  to  the  pub- 
lic debt.     Already  a  portion  of  our  citizens  are  burdened  witn 
oppressive  exactions  in  the  form  of  duties,  and  heavy  taxe**  are 
staring  all  in  the  face.     But  yet  our  homes  and  altars  rtmam 
safe  and  unpolluted.     Let  us  seize  this  moment  to  give  the  na- 
tion peace,  and  the  people  happiness.  Tins  is  the  appointed  time, 
and  if  we  do  not  improve  it,  I  fear  my  country  is  to  sutler  in  Us 
prosperity  and  its  institutions.     For  heaven's  sake  let  us  pause. 
Mr.  Chairman,  I  intended,  when  1  first  rose,  to  have  made 
some  observations  on  the  effects  and  consequences  of  this  war  ; 
and  to  have  examined  what  the  administration  is  pleased  to  term 
its  pacific  advances  ;  but  1  am  really  so  exhausted  that  I  have 
Bot  the  ability  to  go  on,  if  the  committee  hud  patience  to  at- 
tend to  me.     With  respect  to  the  advances,  1  will  make  but  a 
single  remark,  and  that  is,  that  from  the  circumstances  undei 
which  they  were  made,  they  were  ex...etly  calculated,  il  not  mtcntl- 
cd,  to  produce  the  result  wc  have  v.itncsscd.   Sir,  I  have  done. 


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